Topic
Abstract Ideas
44 published works
Harness Dickey Blog
Picture This: An Improved Camera is an Abstract Idea
By Todd
In Yu v. Apple, Inc., [2020-1760, 2020-1803] (June 11, 2021), the Federal Circuit affirmed the district court dismissal pursuant to FRCP Rule 12(b)(6) on the grounds that the asserted claims of U.S.…
Harness Dickey Blog
Late Request For Leave to Amend Complaint to try to Save Patent on Ineligible Subject Matter Denied
In Simio, LLC, v. Flexsim Software Products, Inc., [2020-1171] (December 29, 2020), the Federal Circuit affirmed the dismissal of Simio’s action for infringement of U.S. Patent No. 8,156,468, System and Method…
Global IP & Technology Law Blog
PTAB Appellants May Improve Outcomes by Filing Supplemental Expert Declarations
By Alex Wolcott
On November 25, 2019, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) affirmed an appeal from IBM that its invention fails to…
FinTech Update
Alice v. CLS Bank: no friend to FinTech patents based on abstract ideas
By Lisa A. Chiarini, Herbert F. Kozlov
In a recent decision, the U.S. District Court for the Southern District of New York invalidated Western Express Bancshares, LLC’s (Western Express) U.S. Patent No. 8,498,932 relating to a method…
The IP Law Blog
Are Rules for Playing a Game Patentable?
A lot of things are patentable. Under 35 U.S.C. §101, machines, articles of manufacture, processes, and compositions of matter (including new chemical compounds) are patentable. But some things are not:…
SDNY Blog
Judge Cote: Software for “Dynamic” Tutorials Too Generic to Be Patented
In an opinion yesterday, Judge Cote concluded that a plaintiff’s software patent was not eligible for patent protection because it amounted to an abstract idea. The patent covered a “method of…
PTABWatch
How the PTAB Reviews Software Inventions Under the 2019 Revised Subject Matter Eligibility Guidance
PTABWatch Takeaway: The United States Patent and Trademark Office (USPTO)’s 2019 Revised Patent Subject Matter Eligibility Guidance provides a useful, and effective, tool for demonstrating patent eligibility of software-related inventions.…
Best Patent Blog
USPTO Issues New Guidance on Subject Matter Eligibility
Previously featured on Michael Best’s Software and Section 101 blog on January 29, 2019, Michael Best IP attorney Greg Helding wrote: In 2014, the Supreme Court’s Alice took computer-implemented inventions down the…
Delaware Intellectual Property Litigation
Judge Andrews Grants Defendants’ Motion for Summary Judgment on Five Claims of Two Patents-in-Suit After Finding Those Claims Are Directed to Patent-Ineligible Material
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del., August 28, 2018), the Court, among other…
Inside Global Tech
How You Can Utilize the USPTO’s Berkheimer Memorandum During Application Drafting, Prosecution and Appeal
By Gregory Discher, Inside Global Tech
On April 19, 2018, the U.S. Patent and Trademark Office released a Memorandum to the Patent Examining Corps regarding changes in examination procedure pertaining to subject matter eligibility in view…