Posts filtered by tags: Alice Step[x]


 

Conventionality is Irrelevant to Alice Step 1

by Dennis Crouch iLife Technologies, Inc. v. Nintendo of America, Inc. (Fed. Cir. 2021) (Non-Precedential Decision) The Trial: The jury sided with iLife–finding Nintendo liable for infringing iLife’s U.S. Patent No. 6,864,796 and awarding $10 million in damages. At trial, Nintendo had argued that the patent was invalid for lack of enablement and written description, but the jury denied those defenses. Nintendo also challenged the patent in an IPR, but the claims not proven invalid. Here, the c...
Tags: Law, Nintendo, Mario Kart, Patent, Federal Circuit, IPR, Dennis Crouch, Alice Mayo, Alice Step, iLife Technologies Inc, Nintendo of America Inc Fed, Michael Wilson Munck Wilson Mandala, Stephen Smith Cooley


Federal Circuit: User Experience is not Computer Functionality

by Dennis Crouch Simio, LLC v. FlexSim Software (Fed. Cir. 2020) (opinion by Chief Judge Prost and joined by Judges Clevenger and Stoll). In this case, the Federal Circuit has affirmed the lower court’s summary dismissal of Simio’s infringement lawsuit on eligibility grounds.  The appellate panel also upheld the lower court’s refusal to permit the patentee to amend its complaint — seeing the proposed amendment as “futile.” Dennis Pegden has received many awards for his work developing software (...
Tags: Law, Patent, LLC, Federal Circuit, Stoll, Prost, Clevenger, Alice Step, Dennis Crouch Simio, FlexSim Software Fed, Simio, Dennis Pegden, Rockwell Later, FlexSim


Adaptive Streaming – Not Patent Eligible

by Dennis Crouch Adaptive Streaming Inc. v. Netflix, Inc. (Fed. Cir. 2020) In this non-precedential decision, the Federal Circuit has affirmed the lower court’s finding that Adaptive’s asserted claims are ineligible under Section 101. In 2019, Adaptive sued Netflix in C.D. Cal. for patent infringement.  Rather than filing its answer, Netflix immediately filed a motion to dismiss for failure to state a claim. Fed. R. Civ. Pro. 12(b)(6).  That motion was granted — case dismissed. The patent claims...
Tags: Law, Netflix, Patent, Alice, Fed, Cal, Civ, Federal Circuit, CK Hutchison Holdings, Alice Step, Dennis Crouch Adaptive Streaming Inc, Netflix Inc Fed, LUXXON, Hutchison Mediator Bahamas


Patent Eligibility of Claims Directed to Printed Matter

by Dennis Crouch C R Bard Inc. v. AngioDynamics, Inc., No. 19-1756 (Fed. Cir. 2020) (Opinion by Judge Reyna, joined by Judges Schall and Stoll). = = = = Important: The court in this case particularly holds that “a claim may be found patent ineligible under § 101 on the grounds that it is directed solely to non-functional printed matter and the claim contains no additional inventive concept.” = = = = Question: How does the printed-matter-doctrine apply to letters that can only be read using an X-...
Tags: Law, Court, Fda, Patent, Alice, Fed, Bard, Bruce, Praxair, Reyna, Johns, Federal Circuit, C R Bard Inc, Stoll, AngioDynamics Inc, AngioDynamics


Claim Specificity Required for an Inventive Concept

Dropbox, Inc. v. Syncrhonoss Tecnologies, Inc. (Fed. Cir. 2020) The appellate court here invalidates three Dropbox patents as ineligible (abstract ideas) and also confirms that the lawsuit was properly disposed on the pleadings. U.S. Patent Numbers 6,178,505, 6,058,399, and 7,567,541. Looking at the ‘505 patent.  Claim 8 requires the following: An “apparatus” for providing an information resource to a user.  The apparatus has the following element: “an access checker” that (a) compares the “tr...
Tags: Law, Patent, Federal Circuit, Dropbox Inc, Alice Step, Syncrhonoss Tecnologies Inc Fed


A Patent Emergency

by Dennis Crouch The Chamberlain Group, Inc. v. Techtronic Indus. Co. (Supreme Court 2020) Chamberlain Group’s asserted patent claims a garage-door-opener (claim 1, 5) and an associated method (claim 15). US7224275. Garage doors and opening mechanisms have been the subject of patents for 150 years. Back in 1919 Lee Hynes filed an early patent on electric-controller for a car door operating mechanism. Despite this long history, the Federal Circuit found Chamberlain’s patent ineligible under 35 U....
Tags: Supreme Court, Law, Patent, Chamberlain, Federal Circuit, Dennis Crouch, Fed Cir, Alice Step, Chamberlain Group Inc, Lee Hynes


Computer as a Tool: Abstract Idea

Customedia Tech. v. DISH Network (Fed. Cir. 2020) The PTAB sided with the patent challenger DISH – cancelling the challenged claims of Customedia’s US Patents 8,719,090 and 9,053,494.  On appeal, the Federal Circuit has affirmed – holding that the “claims are ineligible under § 101.” The invention here relates to facilitating advertising via multimedia system. The Federal Circuit provided the following example synopsis: “a cable set-top box with built-in storage sections that may be leased or so...
Tags: Law, US, Patent, Federal Circuit, PTAB, Alice Step, Customedia Tech, Dish Network Fed, Customedia


Ladders of Abstractions: How Many Rungs Till the Threshold?

by Dennis Crouch Maxell, Ltd., v. Fandango Media, LLC (Supreme Court 2020) Maxell was originally a battery company (MAXimum capacity dry cELL).  The $80b company has expanded into all sorts of digital media.  Its patents at issue in this case all relate to managing access to content sent over networks, such as videos provided through online rental and streaming services.  U.S. Patents 8,311,389; 9,088,942, and 9,733,522 (all with 2000 priority date). Maxell sued Fandango for infringement — all...
Tags: Supreme Court, Law, Uspto, Patent, Alice, Mayo, Federal Circuit, Alice Corp, U S Patents, CLS Bank Int, Alice Step, Maxell, Dennis Crouch Maxell Ltd, Fandango Media LLC Supreme Court 2020 Maxell, Now Maxell, Athena Hikma Berkheimer


Eligibility: ChargePoint takes its Network-Controlled Charging Station to the Supreme Court

by Dennis Crouch ChargePoint, Inc., v. SemaConnect, Inc. (Supreme Court 2019) [Petition] Another new eligibility petition, this one filed by by top Supreme Court Carter Phillips. Questions presented: Whether a patent claim to a new and useful improvement to a machine or process may be patent eligible even when it “involves” or incorporates an abstract idea. Whether the Court should reevaluate the atextual exception to Section 101. I drive a Honda Clarity — a Plug-in Hybrid Electric Vehicle (PH...
Tags: Supreme Court, Law, Patent, Alice, Federal Circuit, Honda Clarity, Dennis Crouch, Chargepoint, ChargePoint Inc, Alice Step, Network Controlled Charging Station, SemaConnect Inc Supreme Court, Supreme Court Carter Phillips Questions


USPTO Eligibility Examination Practice

Under Dir. Iancu, the USPTO has taken a seemingly broader view of eligibility than the Supreme Court, albeit much narrower than before Bilski, Alice, and Mayo. In January 2019, the PTO published a set of Patent Eligibility Guidance (2019 PEG).  On October 17, 2019, the PTO released a new set of revisions based upon public comments. “All USPTO personnel are expected to follow the guidance.” [January 2019 PEG][October 2019 UPDATE] The January 2019 PEG particularly limits “abstract ideas” to three ...
Tags: Supreme Court, Law, Uspto, Patent, PTO, Alice Step, Dir Iancu, USPTO Eligibility Examination Practice, Bilski Alice


Eligibility: Dice Game Patent Craps Out

by Dennis Crouch In re Marco Guldenaar Holdings B.V. (Fed. Cir. 2018) Guldenaar is is seeking to patent his method of playing a dice game using specially marked dice.  U.S. App. No.  13/078,196.  The PTAB denied his patent on eligibility grounds and the Federal Circuit has now affirmed — holding that the method of game play is an abstract idea and the special markings on the dice represent unpatentable printed matter.  The decision here falls in line with In re Smith, 815 F.3d 816 (Fed. Cir. 201...
Tags: Law, Smith, Patent, Alice, Fed, Stevens, Chen, Bryson, PTO, Sotomayor, Mayer, Federal Circuit, Dennis Crouch, PTAB, Bilski, GINSBURG BREYER


When Eligibility is a Jury Question

by Dennis Crouch In my recent Berkheimer post, I wrote that “that no court following Berkheimer has … attempted to get a jury verdict on the issue.”  Turns out that I’m potentially wrong. In the pending case of Finjan, Inc. v. Juniper Network, Inc. (N.D. Cal. 2018), Judge Alsup has ordered a jury trial on the “inventive concept” question.  In its order, denying summary judgment, the court found that the Claim 10 of Finjan’s  U.S. Patent No. 8,677,494 was directed to the abstract idea of “collect...
Tags: Supreme Court, Law, Court, Juniper, Patent, Alice, Dennis Crouch, Alsup, Alice Step, Finjan, Finjan Inc, Berkheimer, Juniper Network Inc N D Cal, Finjan District Court Order


Director Iancu: If it was Good Enough for Judge Rich

The following excerpt comes from Dir. Iancu’s recent speech in Chicago where he discussed his proposal for expanding Section 101 patent eligibility. – DC  Remarks delivered at the Intellectual Property Owners Association 46th Annual Meeting by Director of the U.S. Patent and Trademark Office Andrei Iancu, September 24, 2018 (Chicago, Illinois) As delivered Good morning everyone, and thank you, Henry [Hadad] for that generous introduction. And thank you for inviting me. . . . . . . A significan...
Tags: Supreme Court, Law, China, Diamond, Chicago, United States, Uspto, Patent, Newton, Rich, Alice, Benson, Thomas, Newman, PTO, Chicago Illinois


GUI Menu Structure Found Patent Eligible

by Dennis Crouch In a split opinion, the Federal Circuit has affirmed Core Wireless win over LG Electronics [DECISION] – finding the asserted patent claimed eligible subject matter and refusing to disturb the district court’s judgment of no-anticipation and infringement. U.S. Patent Nos. 8,713,476; 8,434,020; and 6,415,164 (UK Priority Date of July 2000). The patents here are directed to user-interfaces — basically users are shown a menu of applications; Selecting on an application takes the us...
Tags: UK, Law, Lg, Patent, LG Electronics, Federal Circuit, Wallach, Dennis Crouch, Core Wireless, Alice Step, Moore O Malley


United States: Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 2 - Proskauer Rose LLP

This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds.
Tags: News, United States, Alice, Federal Circuit, Proskauer Rose LLP, Alice Step


Abstract Ideas: The Turnstile Keeps Spinning

by Dennis Crouch Smart Sys. Innovations v. Chicago Transit Authority (Fed. Cir. 2017) In a split opinion, the Federal Circuit has affirmed the district court’s judgment on the pleadings – R. 12(c) – that the asserted claims of SSI’s four patents are invalid under Section 101 for claiming an abstract idea.  U.S. Patent Nos. 7,566,003, 7,568,617, 8,505,816, and 8,662,390. (Claim 14 of the ‘003 patent – covering a method for validating entry to a city bus or train – is reproduced below). The baseli...
Tags: Supreme Court, Law, Patent, Alice, Benson, Fed, Alstom, District Court, Reyna, Federal Circuit, Wallach, Linn, Diehr, Alice Step, Elec Power Grp LLC, Dennis Crouch Smart Sys Innovations


Intellectual Ventures: XML Patent Invalid

by Dennis Crouch Intellectual Ventures v. Capital One (Fed. Cir. 2017) In parallel decisions, the Federal Circuit has affirmed two lower court judgments that Intellectual Ventures patents are ineligible under 35 U.S.C. § 101. This post discusses the Capital One decision and leaves Erie for later.[1] Collateral Estoppel Following Partial Summary Judgment: An initial issue is that of collateral estoppel.  In a parallel still-pending case, a SDNY district court found IV’s Patent No. 6,715,084 ineli...
Tags: Law, Patent, Alice, Fed, Erie, 7th Circuit, Federal Circuit, JP Morgan Chase Co, 4th Circuit, Intellectual Ventures, Dennis Crouch Intellectual Ventures, Capital One Fed, Vardon Golf, Alice Step, Erie Indemnity Fed, Intellectual Ventures II LLC