Patent Law Weblog
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- Meanwhile, Back at the PTAB with CRISPR – Update
- Judge Newman Seeks Recourse from Supreme Court
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
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Category: Patentable Subject Matter
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By Michael Borella — In February 2015, Advanced Marketing Systems (AMS) sued a number of defendants, alleging infringement of various claims of U.S. Patent Nos. 8,219,445, 8,370,199, and 8,538,805. The defendants filed a motion for judgment on the pleadings, arguing that the case should be dismissed because the asserted claims are directed to non-statutory subject…
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By Michael Borella — Voxathon sued Alpine, and a number of defendants that manufacture automobiles, for infringement of U.S. Patent No. 6,442,261. According to the Court, the patent "relates to computer-implemented systems and methods for transferring information efficiently." Specifically, claim 1 recites: A method for recovering calls using an attendant telephone set having a predetermined…
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Financial Services Patent Claims Invalid By Joseph Herndon — On January 20, 2016, the Federal Circuit issued an opinion in the case captioned Mortgage Grader, Inc. v. First Choice Loan Services Inc., NYLX, Inc. This case involves patent claims directed to systems and methods for assisting borrowers to obtain loans. Mortgage Grader appealed the District…
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By Kevin E. Noonan, Michael Borella & Donald Zuhn — Earlier today, we presented a live webinar on the "Top Patent Law Stories of 2015." The webinar covered seven of the twenty stories that made it onto Patent Docs ninth annual list of top patent stories. Posts on our top twenty stories can be found…
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By Joseph Herndon — Genband US LLC sued Metaswitch for infringement of claims of U.S. Patent No. 6,772,210 ("the '210 Patent") and U.S. Patent No 7,047,561 ("the '561 Patent") in the U.S. District Court for the Eastern District of Texas (Marshall Division), each of which arguably includes software patent claims. On January 6, 2016, the…
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By Michael Borella — The fallout from the Supreme Court's Alice Corp. v. CLS Bank Int'l case continues to reshape the landscape of patent-eligibility. Despite guidance from the USPTO, patentees still struggle with what exactly is patent-eligible under Alice. Federal Circuit jurisprudence has proven helpful in teaching what is not eligible, but has been less effective…
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By Donald Zuhn — After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on patent practitioners and…
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By Michael Borella — As 2015 drew to a close, the toll of the Alice Corp. v. CLS Bank Int'l decision on software and business method patents became apparent. Post Alice, approximately 70% of all patents challenged under 35 U.S.C. § 101 have been invalidated in district courts, while the rate of § 101 rejections…
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Generic Software Claims Found Ineligible under § 101 By Joseph Herndon — A common theme found in recent patent litigation is that software claims lacking detail are more likely to be found invalid under 35 U.S.C. § 101. The U.S. District Court for the Western District of Washington at Seattle issued an opinion on December…
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By Donald Zuhn — After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on patent practitioners and…
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