Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent eligibility · clear
FREE STREAM MEDIA CORP. v. ALPHONSO INC. Before Judges Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of California Summary: Patent claims were directed to an abstract idea where the claims failed to recite…
CXLOYALTY, INC. v. MARITZ HOLDINGS INC. Before Prost, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim implementing an abstract idea using conventional techniques is patent ineligible. CxLoyalty petitioned for covered…
C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an inventive concept beyond the printed…
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier decision and clarified the difference between a natural phenomenon and human…
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC. Before Lourie, Reyna, and Hughes. Appeal from U.S. District Court for the Eastern District of Texas Summary: The defendant’s infringement of method claims through internal use and testing was…
This decision, Appeal No. 2019-1149 (Fed. Cir. April 17th 2020) should have required about 13 pages and could have ended after the first paragraph under Section A. Instead, a split panel required a 23 page majority decision and a 10 page dissent, largely…
ERICSSON INC. v. TCL COMMUNICATION TECHNOLOGY Before Prost, Newman, and Chen. Appeal from the Eastern District of Texas. Summary: The issue of patent eligibility under § 101 may be preserved for appeal even if not raised for decision or mentioned in…
CUSTOMEDIA TECHNOLOGIES, LLC V. DISH NETWORK CORPORATION, DISH NETWORK LLC . Before Prost, Dyk, and Moore. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Claims directed towards an abstract idea are…
This morning, the Supreme Court denied the petitions for cert. filed in the Vanda, Berkheimer and Athena appeals. While the Court had requested and received amici briefs from the Solicitor General that opined that the Court should not grant cert. in Vanda…
KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH Before Dyk, Chen, and Stoll. Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not necessarily need to recite how that tool is…
On Oct. 17th, the PTO published Guidelines intended to supplement the Jan. 2019 Subject Matter Eligibility Guidelines (“2019 PEG”). The Guidelines and associated Examples are extensive. Only two of the Examples (43 and 44) are concerned with…
On July 3rd, the Fed. Cir. denied Athena’s petition for rehearing en banc . The three-page order is a 7/5 denial accompanied by more than 80 pages of concurrences and dissents. Concurring in various combinations are Judges Lourie, Hughes, Dyk, Reyna,…
