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District Court Illustrates How Specification Can Help or Hurt Patent Eligibility

September, 11th, 2017

By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]

IPR Petitions Collapse For Failure to Identify Structure Corresponding to Means-Plus-Function Claims

September, 8th, 2017

By Benjamin N. Luehrs On August 29, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) issued a pair of decisions denying institution of inter partes review (IPR) because the petitioner failed to [Read More…]

WHIPgroup Files New Trademark Infringement Lawsuit

August, 24th, 2017

WHIPgroup has filed a trademark infringement lawsuit on behalf of its client Executive Data Systems, Inc. (“EDS”) in the Southern District of New York, Case No. 1:17-cv-6339 (S.D.N.Y.) (filed August 21, 2017). EDS sells legal [Read More…]

Drawing The Line: Method for Managing Bandwidth Allocation Is Patent Eligible

August, 1st, 2017

By Natasha Rodriguez With recent court decisions such as Alice Corp. v. CLS Bank International and subsequent cases regarding patentable subject matter, many practitioners are left questioning where the line is drawn for patent ineligible [Read More…]

Weathering Hurricane Alice

July, 18th, 2017

By Joseph V. Hajjar The Court’s decision in Alice Corp. v. CLS Bank International unleashed a shockwave on the threshold for patent-eligible subject matter. In the technology center for computer software alone, the percentage of [Read More…]

Process for Remote Patient Monitoring Is Patent Eligible

June, 21st, 2017

By Andrew P. Siuta In Cardionet, LLC, v. Infobionic, Inc. the District Court of Massachusetts held that a claim for optimizing the transmission of patient data constituted patent eligible subject matter. The patent disclosed and [Read More…]

Can’t Avoid Infringement Liability For Overseas Deliveries Merely By Off-Shoring Manufacturing

June, 13th, 2017

By Wesley W. Whitmyer, Jr. In denying a motion for partial summary judgment that no reasonable jury could find “sales within the United States” based on Defendant’s products that are “ordered, manufactured, shipped, billed, and [Read More…]

PTAB Reverses 101 Rejection for Internet Technology

May, 19th, 2017

By Stephen Ball For practitioners who specialize in computer-implemented inventions, the last several years have been challenging while the USPTO has struggled to consistently apply precedent defining the scope of patentable subject matter. Internet-based technologies [Read More…]

PTAB Adopts WHIPgroup’s Arguments and Reverses Rejections for Software Case

May, 1st, 2017

WHIPgroup successfully persuaded the PTAB to reverse rejections for a computer-implemented invention. The invention is directed to a control system for a materials separation process that can be used for pulp and paper production. The [Read More…]

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