Category: subject-matter eligibility

Automating Animation: Patentable; Automating Captions: Hold On

Monday | March 15, 2021By Shane Skwarek§ 101software patentsubject-matter eligibility

The U.S. Court of Appeals for the Federal Circuit has issued a decision affirming that patent claims to automating the process of making closed captions for audio-visual media are ineligible for patent protection. In Enco Sys. v. Davincia, the Court affirmed…

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Customedia Techs. Patent for Storing Ads Invalidated

Saturday | March 14, 2020By Shane Skwarek35 U.S.C. § 101court rulingpatent applicationpatent eligibilityPatent Protectionpatentability searchsoftware patentsubject-matter eligibility

Patent claims to storing ad data based on user preferences locally at a user's video player were confirmed invalid in Customedia Techs., LLC v. Dish Network Corp., No. 2018-2239, 2020 U.S. App. LEXIS 7005 (Fed. Cir. March 6, 2020). To…

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Software Patent Claims Saved by Problem-Solution Approach

Monday | November 18, 2019By Shane Skwarek§ 101patent claimpatent eligibilitysoftware patentsubject-matter eligibility

The U.S. Court of Appeals for the Federal Circuit reversed a lower court's decision that software patent claims involving techniques for varying check data to verify data transmissions were ineligible for patent protection in KPN v. Gemalto, No. 2018-1863, 2019…

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New Federal Circuit Opinion May Limit Impact of Berkheimer Decision

Monday | August 20, 2018By Shane Skwarekfederal circuitintellectual propertypatent applicationsubject-matter eligibility

In BSG Tech LLC v. Buyseasons, Inc., No. 2017-1980, 2018 U.S. App. LEXIS 22704 (Fed. Cir. Aug. 15, 2018), the U.S. Court of Appeals for the Federal Circuit confirmed that claims to indexing a database according to relative historical usage information were…

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Subject-Matter Eligibility at the CAFC and PTAB: Q1 2018

Monday | May 7, 2018By Shane Skwarekpatent applicationpatent claimspatent eligibilitysubject-matter eligibility

As part of my ongoing research into subject-matter eligibility, I have been monitoring the decisions issued by the U.S. Court of Appeals for the Federal Circuit and the Board of Patent Trials and Appeals of the U.S. Patent Office. Over…

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Watch Out for Claim Preambles in Light of Federal Circuit Decision

Thursday | November 2, 2017By James Watsonfederal circuitpatent attorneypatent claimsubject-matter eligibility

On November 1, 2017, the U.S. Court of Appeals for the Federal Circuit affirmed the district court's grant of a motion for judgment on the pleadings on subject-matter ineligibility grounds in Two-Way Media v. Comcast Cable Communs., No. 2016-2532, 2017 U.S.…

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Technical Solutions to Computer-Based Problems Give Patent Applicants Success at the PTAB

Saturday | September 23, 2017By James Watsonpatent applicationpatent eligibilitysoftware patentsubject-matter eligibility

In August and September of 2017, the Patent Trial and Appeal Board of the U.S. Patent Office has issued an unusually high number of reversals in response to appeals from rejections based on subject-matter ineligibility under 35 U.S.C. § 101.…

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Technical Solutions to Computer-Based Problems Give Patent Applicants Success at the PTAB

Saturday | September 23, 2017By Shane Skwarekpatent applicationpatent eligibilitysoftware patentsubject-matter eligibility

In August and September of 2017, the Patent Trial and Appeal Board of the U.S. Patent Office has issued an unusually high number of reversals in response to appeals from rejections based on subject-matter ineligibility under 35 U.S.C. § 101.…

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Federal Circuit Raises the Bar for Motions to Dismiss on § 101 Grounds

Thursday | August 17, 2017By James Watsoncourt casepatent infringementsubject-matter eligibility

The Court of Appeals for the Federal Circuit reversed the grant of a motion to dismiss on subject-matter ineligibility grounds in Visual Memory v. Nvidia Corp. , No. 2016-2254, 2017 U.S. App. LEXIS 15187 (Fed. Cir. Aug 15, 2017). The patent claims…

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Federal Circuit Raises the Bar for Motions to Dismiss on § 101 Grounds

Thursday | August 17, 2017By Shane Skwarekcourt casepatent infringementsubject-matter eligibility

The Court of Appeals for the Federal Circuit reversed the grant of a motion to dismiss on subject-matter ineligibility grounds in Visual Memory v. Nvidia Corp. , No. 2016-2254, 2017 U.S. App. LEXIS 15187 (Fed. Cir. Aug 15, 2017). The patent claims…

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