IP Blog

Modifying Toolbars

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....

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Modifying Toolbars in Internet Apps Held Patent-Ineligible

A district court has granted a Rule 12 motion for judgment on the pleadings, holding that claims of two patents directed to modifying toolbars of Internet applications are patent-ineligible under the Alice test and 35 USC § 101.  MyMail, Ltd. v. ooVoo, LLC, Nos. 17-CV-04487-LHK and 17-CV-04488-LHK (N.D. Cal. March 16, 2018) (Judge Lucy Koh). The patents-in-suit were US 8,275,863...

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