Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged alice v. cls bank · clear
Written by Jeremy Anapol and Michael L. Fuller Courts increasingly rely on analogies to show that claims are not directed to patent-eligible subject matter under 35 U.S.C. § 101. For example, in Context Extraction and Transmission v. Wells Fargo Bank,…
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 Keith Lim and Maria Anderson Note: an Addendum has been added to this previously published article. In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s…
Written by Damien Howard and Lincoln S. Essig In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC.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 Keith Lim and Vlad Teplitskiy In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No.…
Written by Jeremy Anapol and John M. Carson Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer…
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 Cheryl Burgess and Jeremy Anapol The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. [1] Before Alice reached the Supreme Court, ten judges of the Federal…
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…
“All right, Mr. DeMille, I’m ready for my close-up.” -- Sunset Boulevard (1950) The Supreme Court decision Alice Corp. v. CLS Bank , 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject…
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…
“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,…
