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CAFC Split Favors Patent-Eligibility of Network Monitoring Claims: Packet Intelligence LLC v. NetScout Systems, Inc.

A split Federal Circuit panel disagreed whether patent claims directed to network monitoring for whether received packets belong to a particular “conversational flow” are directed to an abstract idea. Judge Lourie was joined by Judge Hughes in affirming a district court’s findings of fact and conclusions of law rejecting a defense of patent-eligibility, under 35 U.S.C. § 101 and the...

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Uniloc Communications System Patent Survives § 101 Challenge Based on Technical Improvement: Uniloc USA, Inc. v. LG Electronics USA, Inc.

Patent claims directed to a communication system recite a technical solution and therefore, the Federal Circuit held, are not patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice test. Uniloc USA, Inc. v. LG Electronics USA, Inc., No. 2019-1835 (Fed. Cir. April 30, 2020) (precedential) (opinion by Judge Moore, joined by Judges Reyna and Taranto). The court thus reversed Judge Koh...

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Data Processing Can Be Patent-Eligible, Says Federal Circuit in Koninklijke KPN N.V. v. Gemalto M2M GmbH

A patent claiming a “device for producing error checking based on original data provided in blocks with each block having plural bits in a particular ordered sequence” has survived a patent-eligibility challenge at the Federal Circuit under 35 U.S.C. § 101 and the two-part Mayo/Alice test the. Koninklijke KPN N.V. v. Gemalto M2M GmbH, Nos. 2018-1863, 2018-1864, 2018-1865 (Fed. Cir....

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