The Court of Appeals for the Federal Circuit confirmed a district court’s determination (on a motion to dismiss) that several patented methods of verifying email and reduce potential hacking events were abstract ideas and, since the patent claims contained no additional elements … [Read more...]
Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
The Court of Appeals for the Federal Circuit (a) overruled the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) finding that the use of inherency in the context of obviousness must be carefully circumscribed because that which may be inherent is not … [Read more...]
Patent Claims Not Materially Different than Previously Invalidated Are Invalid under Collateral Estoppel
The Court of Appeals for the Federal Circuit ruled that Dr. Arunachalam was collaterally estopped from relitigating the validity of the patent because the patent claims before the PTAB (the “Board”) were not materially different from certain claims of the ’500 Patent that were … [Read more...]
Permissible Functional Patent Claim Language Allowed to Recite Structure Functions
In Mastermine Software, Inc. v. Microsoft Corporation, Case No. 2016-2465 (Fed. Cir., October 30, 2017)(Available Here), the Federal Circuit Court of Appeals affirmed the district court’s claim construction, but reversed the court’s indefiniteness determination. The Appeals Court … [Read more...]
Multicasting Streaming Audio/Visual Data Over Internet Is Patent Ineligible Subject Matter
The Court of Appeals for the Federal Circuit held that Two-Way Media’s patent claims for a multicasting system for streaming audio/visual data over the internet was patent ineligible subject matter under 35 U.S.C. § 101 because the claims were directed to abstract ideas and … [Read more...]
Open-Payment Fare Systems for Mass Transit Networks Using Bank Cards Are Patent Ineligible Subject Matter
The Court of Appeals for the Federal Circuit held that patents directed to the use of bank cards, rather than specially issued magnetic stripped card-tickets, in open-payment fare systems for mass transit networks are patent ineligible subject matter under 35 U.S.C. § 101. Smart … [Read more...]
No Patent Infringement Because No Direct Infringers Use Authenticating Device to Generate Report
The Court of Appeals for the Federal Circuit agreed with the trial court that there was no evidence of “use” by a single person or entity and therefore no direct infringement because no direct infringers “used” the claimed “authenticating device configured to . . . generate a … [Read more...]
Venue for Patent Infringement Requires Established Geolocation of Infringers Business
The Court of Appeals for the Federal Circuit, in construing the patent venue statute, 28 U.S.C. sec. 1400(b), ruled that the proper venue to bring suit against an accused infringer is a physical, geographical location in the district from which the business of the defendant is … [Read more...]
Programmable Caches Operable with Different Processors Enhancing Computer Performance Is Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a trial court’s decision and held that a programmable memory caches, permitting the system to operate with different processors, which enhances computer performance is patent eligible subject matter under 35 U.S.C. sec 101 and … [Read more...]
Attorneys Fees Under Patent Act and Trademark (Lanham) Act Are Identical
The Court of Appeals for the Federal Circuit, in a case involving patent infringement, trademark infringement, and violations of an unfair trade practices act, ruled that an award of attorneys fees under the Patent Act, 35 U.S.C. § 285, and the Lanham Act, 15 U.S.C. § 1117(a), … [Read more...]