patent eligible subject matter : CAFC Alert

CAFC finds broadly claimed computer memory system eligible under first step of Alice.

Thomas Brown | September 21, 2017

Visual Memory LLC v Nvidia Corporation

August 15, 2017

Before O’Malley, Hughes and Stoll. Precedential Opinion by Stoll, joined by O’Malley; Dissent by Hughes.

Summary:

Visual Memory sued Nvidia for infringement of USP 5,953,740 (the ‘740 patent).  The district court granted Nvidia’s motion to dismiss for failure to state a claim (rule 12(b)(6)) based on patent ineligible subject matter. The CAFC reversed and remanded finding that the computer memory systems claims of the ‘740 satisfied the first step of Alice.


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Last month on §101: You Win Some (Amdocs), You Lose Some (FairWarning; Synopsys)

Cindy Chen | November 21, 2016

Amdocs (Israel) Limited v. Openet Telecom, Inc.

November 1, 2016

Before Newman, Plager, and Reyna. Opinion by Plager. Dissenting opinion by Reyna.

Summary

A trio of Federal Circuit decisions on patent eligible subject matter in the past month offers additional guidance on how to survive scrutiny under 35 U.S.C. §101. The focus will be on Amdocs (Israel) Limited v. Openet Telecom, Inc., in which the Federal Circuit found eligibility, but for the sake of comparison, the Federal Circuit’s decisions in FairWarning IP, LLC v. Iatric Systems, Inc. and Synopsys, Inc. v. Mentor Graphics Corporation, in which the Federal Circuit reached the opposite conclusion, will be briefly summarized.


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Tangible Components in the Claims could not save from 12(b)(6)Dismissal for patent-ineligible subject matter after Alice

Michael Caridi | June 6, 2016

TLI Communications LLC v. AV Automotive et al.

May 17, 2016

Before Dyk, Schall and Hughes.  Opinion by Hughes.

Summary

The East-District of Virginia dismissed the patent infringement suit under FRCP 12(B)(6) on the basis that the claims did not contain patent-eligible subject matter. TLI appealed to the CAFC.  The Court, relying heavily on the disclosures of the patent’s specification, affirmed the ruling noting that the tangible components in the claims were insufficient to survive the Alice test even without a finding of fact.


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Inventive concept standing alone is not patent eligible

Rob Raheja | July 10, 2015

Internet Patents Corp. v. Active Network, Inc.,

June 23, 2015

Before: Newman (Opinion author), Moore and Reyna.

Summary
Claims to a method which allows the use of a conventional web browser Back and Forward button functions without loss of data were not patent eligible under 35 U.S.C. 101 because the inventive concept recited in the claim was not limited to any mechanism and thus remained abstract.


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If At First You Don’t Succeed, (Don’t) Try, Try Again?: Myriad Genetics Lost More Claims To 35 U.S.C. §101.

Cindy Chen | January 29, 2015

In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation, also known as University of Utah Research v. Ambry Genetics Corp.

December 17, 2014

Panel: Prost, Clevenger, and Dyk. Opinion by Prost.

Summary

A year after Association For Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 (2013), in which Myriad saw its isolated DNA claims being invalidated by the Supreme Court for patent ineligibility, Myriad found itself once again trying to defend the patent eligibility of its patent claims. This time, the claims were directed to isolated single-stranded polynucleotides and the use of those polynucleotides to detect the presence of genetic mutations. Different claims, but the outcome was the same as the Federal Circuit, following the Supreme Court and its own precedents, invalidated Myriad’s claims as being directed to patent ineligible subject matter under  35 U.S.C. §101.


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The fate of Software inventions related to information processing

Rob Raheja | January 28, 2015

Content Extraction and Transmission LLC v. Wells Fargo Bank, N.A. et al.

December 23, 2014

Panel: Chen, Dyk and Taranto.  Opinion by Chen.

Summary

The Federal Circuit held that the claims of the asserted patents were invalid as patent-ineligible under 35 U.S.C.S. § 101 because none of asserted claims amounted “to ‘significantly more’ than the abstract idea of extracting and storing data from hard copy documents using generic scanning and processing technology.”


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Ecommerce Patent found to have patent eligible subject matter under Alice.

Thomas Brown | January 27, 2015

DDR Holding, LLC v. Hotels.com, L.P. 

December 5, 2014

Panel:  Wallach, Mayer, and Chen (Circuit Judges). Precedential Opinion by Chen, Dissenting Opinion by Mayer.

Summary

While not all claims purporting to address Internet-centric challenges are eligible for patent, a claimed solution that is necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks constitutes patent eligible subject matter.


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Surviving Alice Gone Wild

John Kong | November 26, 2014

Before the Supreme Court’s decision in Alice Corp. v CLS Bank Int’l [1], Judge Moore said “this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents as well as many computer implemented and telecommunications patents.”[2] This concern is premised on about twenty years of patent practice grounded in the en banc 1994 Federal Circuit decision in In re Alappat which previously established the “special purpose computer” justification for patent eligibility under 35 USC §101 for computer-implemented inventions.[3]  The Alice decision essentially eliminated the “special purpose computer” bright line rule as applied generally to computer-implemented inventions.  The new Mayo 2-part §101 test for computer-implemented inventions is, however, fraught with issues from the lack of guidance on how to properly apply it.  Some strategic arguments for surviving a §101 attack are presented in this article, as well as a new way to address what is “significantly more.”


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In the wake of Alice Corp. v. CLS Bank Int’l, the Federal Circuit strikes down another patentee’s claims for reciting patent ineligible abstract idea

Bill Schertler | August 18, 2014

Digitech Image Technologies v. Electronics For Imaging, Inc.

July 11, 2014

Panel: Moore, Reyna, Hughes. Opinion by Reyna.

Summary

Digitech is the assignee of U.S. Patent No. 6,128,415 (the ‘415 patent) directed to a device profile for a digital image reproduction system and a method of generating a device profile in a digital image reproduction system.  Digitech sued 32 defendants for infringement in the U.S. District Court for the Central District of California.  Several defendants filed summary judgment motions seeking to invalidate the asserted claims of the ‘415 patent under 35 U.S.C. §101.  The district court granted the defendants’ motions and found all of the asserted claims to be subject matter ineligible.  On appeal, the Court of Appeals for the Federal Circuit (CAFC) affirmed.


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PTAB Finally Considers “Processor” As Clearly Structure

John Kong | June 19, 2014

Ex Parte Cutlip

June 2, 2014

Panel: Lorin, Mohanty and Hoffman.

Summary:

After the debacle of three March 2013 PTAB decisions by a five judge PTAB panel relying on a strange American Heritage dictionary definition of “processor” as being software, this PTAB decision sets the record straight about a “processor” as clearly being structure.


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