IP Blog
patent-ineligible
Judge Gilstrap Invalidates Imaging Patent Claims under Alice
In Image Processing Technologies, LLC v. Samsung Electronics Co., et al., (E. D. Texas, October 24, 2017) Judge Gilstrap applied the two-step Alice patent-eligibility analysis and granted Samsung’s Motion for Partial Summary Judgement, finding claim 29 of U.S. 6,959,293 to be invalid under 35 U.S.C. §101. A day later, the judge stayed the lawsuit pending results of Inter Partes Review...
Patent Claim Length Doesn’t Save Patent-Eligibility
Unsurprisingly, claims in a patent whose title described “disseminating product information via the internet using universal product codes” were found to be patent-ineligible under 35 U.S.C. § 101 and the Mayo/Alice abstract idea test. Product Association Technologies LLC v. Clique Media Group, CV 17-05463-GW(PJWx) (C.D. Cal. Oct. 13, 2017). Finding that the question of patent-eligibility was ripe at the pleadings...
Data Back-Up Claims Held Patent-Ineligible under Alice
In a clear demonstration that patent-eligibility and novelty go hand-in-hand – despite some courts’ denial of this reality – a court has held that claims directed to “remote mirroring of digital data” are patent-ineligible under 35 U.S.C. § 101 and the Alice/Mayo abstract idea test. Intellectual Ventures I, LLC v. Symantec Corp., No. 13-440-LPS (D. Del. Feb 13, 2017) (Judge...
Some Business Methods Are Routinely Found Patent-Ineligible
A Federal Circuit panel needed one line to agree that a claims in a business method patent were patent-ineligible under Alice Corp. v. CLS Bank Corp. and 35 U.S.C. § 101. In America’s Collectible Network, Inc. v. The Jewelry Channel, Inc., No. 2016-1521 (Fed. Cir. Jan 11, 2017), a three judge panel (Dyk, Taranto, and Hughes) entered a per curiam...