Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged section 101 · clear
Written by Chang Lim and Michael L. Fuller Introduction On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by…
Written by Damien Howard and Lincoln S. Essig In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to…
Written by Eric Y. Zhou and Vlad Teplitskiy Nearly 40 years ago, the Supreme Court held in Diamond v. Diehr that while patent claims directed solely to abstract ideas, such as mathematical formulas, are not patent eligible, a claim containing a…
Written by Damien Howard and Michael L. Fuller Is a patent directed to electronic communications between computing devices patent eligible? As with many legal questions, the answer to this question is not black and white. In the recent Fitbit, Inc. v.…
Written by Scott Forbes and Jeremy Carney The Patent Trial and Appeal Board (“PTAB”) recently held in Ex parte Itagaki and Nishiara (PTAB 2016) that claims reciting a magnetic resonance imaging apparatus are directed to ineligible subject…
Written by Robert J. Hilton, Ph.D. and Bryan McWhorter The Federal Circuit recently found claims to a specialized graphical user interface (GUI) for trading financial securities eligible in Trading Technologies Int’l v. CQG, No. 2016-2016 (Fed. Cir.…
Written by Linda Xu and Andrew Schwaab In a recent article , we discussed how courts have used patent specifications in finding that patents satisfy the Supreme Court’s Mayo/Alice test. However, the specification may be a double-edged sword. Language…
The Federal Circuit recently decided two related cases concerning media content delivery patents 1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible subject matter under 35 U.S.C.…
Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v. Blackberry Corporation is an…
In the fourth of a recent series of appellate decisions establishing patent-eligibility of patent claims post-Alice, in McRO, Inc. v. Bandai Namco Games America , the Court of Appeals for the Federal Circuit reversed a district court ruling of…
TDE Petroleum Data Solutions, Inc. v AKM Enterprise, Inc . is one of several recent Federal Circuit cases concluding that pure data processing claims—that is, claims directed to merely collecting, analyzing, and outputting data—are not…
“As she said these words her foot slipped, and in another moment, splash! she was up to her chin in salt water….'I wish I hadn't cried so much!' said Alice, as she swam about, trying to find her way out.” Lewis Carroll,…
