IP Blog
Aatrix Software
§ 101 Patent-Eligibility Turns on a Technical Solution to a Technical Problem: Pebble Tide LLC v. Arlo Technologies
In an interesting dichotomy, patent claims directed to outputting digital content did not survive, but claims directed to social network search output did survive, respective motions to dismiss based on lack of patent-eligible subject matter under 35 U.S.C. § 101 and the Alice/Mayo test. Pebble Tide LLC v. Arlo Tech., Inc. (D. Del. Jan 31, 2020). Pebble Tide LLC sued three defendants...
Determining Patent-Eligibility Requires Claim Construction!(?)
In a decision that Judge Lourie in dissent described as “based on a claim construction issue that is little more than a mirage,” a Federal Circuit panel vacated and remanded a district court’s Rule 12(c) judgment on the pleadings of patent-ineligibility, under the Alice test and 35 U.S.C. § 101, of claims directed to updating Internet toolbars. MyMail, Ltd. v....
Phone Registration Verification Patents Easily Fail Alice
Claims of four patents directed to using a telephone to verify a person registering for an account are invalid under 35 U.S.C. § 101 and the Alice patent-eligibility test, the court held in TeleSign Corporation v. Twilio, Inc., Case No. 18-cv-03279-VC (N.D. Cal. Oct. 19, 2018). Accordingly, the court granted a Rule 12(c) motion for judgment on the pleadings that asserted claims...
Berkheimer Stops Patent-Eligibility Motion at Pleading Stage
Saying that a defendant’s patent-eligibility challenge raised questions of fact under Berkheimer v. HP Inc. (Fed. Cir. 2018), a District Court has denied a motion for judgment on the pleadings under FRCP 12(c) concerning U.S. Patent No. 7,735,116, directed to a network security system including “unified threat management [UTM] with a relational rules methodology.” Symantec Corp. v. Zscaler, Inc.,No. 17-cv-04426-JST (N.D....
Berkheimer Effect? Alice Query Deferred For Fact Questions
A complaint for patent infringement has survived a Rule 12 motion to dismiss by making specific factual allegations to support arguments that the claims met the patent-eligibility requirements of Alice and 35 U.S.C. § 101...
How Does Aatrix Software Change Patent-Eligibility Analysis?
Here is a sign that the Federal Circuit’s recent decision in Aatrix Software, Inc. v. Green Shades Software, Inc. (Feb. 14, 2018), may affect district court procedures in deciding motions (especially at the pleadings stage under FRCP 12) alleging patent-ineligibility under the Alice patent-eligibility test, and 35 U.S.C. § 101. In IDB Ventures, LLC v. DSW Inc., No. 2-17-cv-00523 (E.D....