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BASCOM
Patent Claims to Evaluating Body Movement Fail § 101 on Post-Trial Motion: ILife Technologies, Inc. V. Nintendo Of America, Inc.
Patent claims directed to automating collection and interpretation of sensor data are often suspect under the two-part Mayo/Alice patent-eligibility test under 35 U.S.C. § 101. Not so often, however, do judges do as the court did in iLife Technologies, Inc. v. Nintendo of America, Inc., C.A. No. No. 3:13-cv-4987-M (Jan 17, 2020), and hold patent claims invalid under § 101 after...
Patent Claims Survive Alice Challenge Despite Being Directed to an Abstract Idea: Cellwitch, Inc. v. Tile, Inc.
Patent claims directed to [a] “system for monitoring of location of items” have survived a Rule 12(c) motion for judgment on the pleadings arguing that the claims were patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice patent-eligibility test. Cellwitch, Inc. v. Tile, Inc., (Case No. 4:19-cv-01315-JSW)(N.D. Cal. Nov. 21, 2019). If you are familiar with Tile – need...
Digital Gift Certificates Fail Alice Patent-Eligibility Test
Patent claims directed to electronic gift certificates are not patent-eligible under 35 U.S.C. § 101 and the Alice/Mayo test, according to a US magistrate judge’s recommendation to grant a Rule 12(b)(6) motion to dismiss. Coqui Technologies, LLC v. Gyft, Inc., No. 17-777-CFC-SRF (D. Del. Nov. 16, 2018). The court found that claims of U.S. Patent No. 7,580,864, entitled “Method for circulating an...
User Interface Features Not Patent-Eligible
Finding a lack of technical innovation, a court held claims for three features for a user-vehicle interface to be directed to patent-ineligible abstract ideas under the Mayo/Alice test and 35 U.S.C. § 101. Thunder Power New Energy Vehicle Development Co. Ltd. v. Byton North America Corp., No. 18-cv-03115-JST (N.D. Ca., Oct. 31, 2018). Plaintiff, Thunder Power, alleged infringement by Defendant Byton...
Enfish=Patent-Eligibility for Software License Enforcement
Reversing a District Court decision, the Federal Circuit had held that patent claims directed to enforcing software licenses are patent-eligible under 35 U.S.C. §101 and the Alice abstract idea test. Ancora Technologies, Inc. v. HTC America, Inc., No. 2018-1404 (Nov. 16, 2018) (precedential) (opinion by Judge Taranto, joined by Judges Dyk and Wallach). Claims of U.S. Patent No. 6,411,941 recite “methods of limiting...