Category: court ruling
Panel of U.S. Patent Court Concludes Diagnostic Methods Are Not Patentable
Wednesday | February 6, 2019By James Watsoncourt rulingpatent eligibilityThe U.S. Court of Appeals for the Federal Circuit, which handles all patent appeals in the United States, has held that diagnostic methods not requiring new detection techniques or resulting in new treatments are categorically ineligible for patent protection. In…
Read MoreNo Fun! U.S. Patent Court Finds Claims to Dice Game Patent-Ineligible
Monday | January 14, 2019By James Watsoncourt rulingpatent claimsIn a decision captioned In re Marco Guldenaar Holding B.V., the U.S. Court of Appeals for the Federal Circuit confirmed that claims to a dice game requiring unconventional dice were not eligible for patent protection. The Court relied primarily on…
Read MoreNo Fun! U.S. Patent Court Finds Claims to Dice Game Patent-Ineligible
Monday | January 14, 2019By Shane Skwarekcourt rulingpatent claimsIn a decision captioned In re Marco Guldenaar Holding B.V., the U.S. Court of Appeals for the Federal Circuit confirmed that claims to a dice game requiring unconventional dice were not eligible for patent protection. The Court relied primarily on…
Read MoreJudge Plager’s Dissent Calls for Abandonment of Unworkable Abstract Idea Test
Thursday | July 26, 2018By Shane Skwarekcourt rulingintellectual propertypatent eligibilityThe U.S. Court of Appeals for the Federal Circuit affirmed that software claims to using the unused capacity of a display device by displaying content in that unused capacity were not patent-eligible on July 20, 2018. The claims at issue…
Read MoreJudge Plager’s Dissent Calls for Abandonment of Unworkable Abstract Idea Test
Thursday | July 26, 2018By James Watsoncourt rulingintellectual propertypatent eligibilityThe U.S. Court of Appeals for the Federal Circuit affirmed that software claims to using the unused capacity of a display device by displaying content in that unused capacity were not patent-eligible on July 20, 2018. The claims at issue…
Read MoreWatch Your Language! PTAB De-Designates Previously “Informative” Opinion on Claim Construction
Friday | July 13, 2018By James Watsoncourt rulingpatent applicationpatent claimThe Patent Trial and Appeal Board recently designated a new group of opinions “informative.” In addition to precedential (i.e., binding decisions that the Board must follow) and nonprecedential (i.e., nonbinding decisions that may carry some persuasive weight, but the Board…
Read MoreFederal Circuit Pushes Back Against Premature Grant of § 101 Motions
Sunday | February 18, 2018By James Watsoncourt rulingfederal circuitintellectual propertypatent claimsIn a pair of decisions, the Federal Circuit has raised the standard for motions to dismiss and motions for summary judgment on grounds that patent claims are unpatentably abstract. In Berkheimer v. HP Inc., No. 2017-1437, 2018 U.S. App. LEXIS…
Read MoreCore Wireless Licensing’s GUI Claims Found Patent-Eligible by the Federal Circuit
Monday | January 29, 2018By James Watsoncourt rulingfederal circuitsoftware patentThe Federal Circuit has confirmed that the subject matter of Core Wireless Licensing’s claims to a graphical user interface (GUI) is patent-eligible under 35 U.S.C. § 101 in Core Wireless Licensing S.A.R.L. v. LG Elecs., Inc., No. 2016-2684, 2018 U.S. App.…
Read MoreCore Wireless Licensing’s GUI Claims Found Patent-Eligible by the Federal Circuit
Monday | January 29, 2018By Shane Skwarekcourt rulingfederal circuitsoftware patentThe Federal Circuit has confirmed that the subject matter of Core Wireless Licensing’s claims to a graphical user interface (GUI) is patent-eligible under 35 U.S.C. § 101 in Core Wireless Licensing S.A.R.L. v. LG Elecs., Inc., No. 2016-2684, 2018 U.S. App.…
Read MoreThe Federal Circuit Finds Finjan’s Behavior-Based Virus Scanning Patent-Eligible
Thursday | January 11, 2018By James Watsoncourt rulingfederal circuitpatent attorneysoftware patentFinjan owns several patents in the field of cybersecurity and virus protection, which it asserted against Symantec-owned Blue Coat Systems. Over the objections of Blue Coat, the U.S. District Court for the Northern District of California concluded that the subject…
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