More on Professor Sarnoff’s Perspective on Tillis Patent Eligibility Bill
As promised in our earlier post (see "Professor Sarnoff Provides His Perspective on Tillis Bill"), here we turn to Professor Joshua Sarnoff’s thoughts on the […]
Patentable Subject Matter
Realtime Adaptive Streaming LLC v. Netflix, Inc. (Fed. Cir. 2022)
By Michael Borella — Bad law often gives rise to creative legal arguments. But the application of such creative lawyering is necessarily bounded by ethical […]
Realtime Adaptive Streaming LLC v. Netflix, Inc. (Fed. Cir. 2022)
By Michael Borella — Bad law often gives rise to creative legal arguments. But the application of such creative lawyering is necessarily bounded by ethical […]
USPTO Director’s Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty
By Kevin E. Noonan — Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) […]
USPTO Director’s Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty
By Kevin E. Noonan — Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) […]
CareDx, Inc. v. Natera, Inc. (Fed. Cir. 2022)
Plus ça change, plus c’est la même chose By Kevin E. Noonan — Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated […]
The Supreme Court Sidesteps America’s Patent Eligibility Crisis
By Michael Borella — In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged […]
The Supreme Court Sidesteps America’s Patent Eligibility Crisis
By Michael Borella — In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged […]
The Supreme Court Sidesteps America’s Patent Eligibility Crisis
By Michael Borella — In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged […]
Supreme Court Denies Cert in American Axle
By Kevin E. Noonan — In a month where the Supreme Court’s conservative majority has exercised its judicial muscle by striking down several well-established precedents, […]
Supreme Court Denies Cert in American Axle
By Kevin E. Noonan — In a month where the Supreme Court’s conservative majority has exercised its judicial muscle by striking down several well-established precedents, […]
Supreme Court Denies Cert in American Axle
By Kevin E. Noonan — In a month where the Supreme Court’s conservative majority has exercised its judicial muscle by striking down several well-established precedents, […]
Supreme Court Denies Cert in American Axle
By Kevin E. Noonan — In a month where the Supreme Court’s conservative majority has exercised its judicial muscle by striking down several well-established precedents, […]
District Court Rules PureCircle Steviol Glycoside Patents Invalid
By Kevin E. Noonan — On May 23rd, U.S. District Court Judge James V. Selna of the Central District of California granted summary judgement to […]
Solicitor General Provides Government Views in American Axle & Mfg. Inc. v. Neapco Holdings Co.
By Kevin E. Noonan — The faintest glimmer of hope crept over the clouded patent law horizon today, when the Solicitor General provided the government’s […]
Repifi Vendor Logistics, Inc. v. Inellicentrics, Inc. (Fed. Cir. 2022)
By Michael Borella — There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching. One party has claims that recite an […]
Mentone Solutions LLC v. Digi International Inc. (Fed. Cir. 2021)
By Michael Borella — Mentone sued Digi for alleged infringement of Mentone’s U.S. Patent No. 6,952,413. The U.S. District Court for the District of Delaware […]
Top Stories of 2021: #4 to #6
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. […]
CosmoKey Solutions GmbH v. Duo Security LLC (Fed. Cir. 2021)
By Michael Borella — CosmoKey asserted U.S. Patent No. 9,246,903 against Duo in the U.S. District Court for the District of Delaware, alleging infringement. The […]
MyMail, Ltd. v. ooVoo, LLC (Fed. Cir. 2021)
By Michael Borella — Two years ago, MyMail and ooVoo went to the mat in the Federal Circuit over claims that the District Court for […]
On the Nature of Prior Art in the 35 U.S.C. § 101 Inquiry
By Michael Borella and Ashley Hatzenbihler[1]– Introduction Diamond v. Diehr, decided by the Supreme Court in 1981, seemed to establish a bedrock principle of statutory […]
Epic Tech, LLC v. Fusion Skill, Inc. (S.D. Tex. 2021)
Electronic Gaming Patents Found Invalid under § 101 By Joseph Herndon — In the U.S. District Court for the Southern District of Texas (Houston Division), […]
Sensormatic Electronics, LLC v. Wyze Labs, Inc. (Fed. Cir. 2021)
By Michael Borella — Sensormatic asserted U.S. Patents 7,730,534, 7,936,370, 7,954,129, 8,208,019, and 8,610,772 against Wyze in the District of Delaware, alleging infringement. Wyze moved […]
Yu v. Apple (Fed. Cir. 2021)
By Michael Borella — When the Supreme Court began poking around into the law of patent eligibility just over a decade ago, the invention topics […]
Supreme Court Requests View of Solicitor General in American Axle v. Neapco
By Kevin E. Noonan and Michael Borella — Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle’s […]
Supreme Court Requests View of Solicitor General in American Axle v. Neapco
By Kevin E. Noonan and Michael Borella — Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle’s […]
Could Alice Be Used to Invalidate Diehr? Of Course It Could
By Michael Borella — The Supreme Court’s Alice Corp. v. CLS Bank Int’l case has been criticized for setting forth a patent eligibility analysis that […]
In re Board of Trustees of the Leland Stanford Junior University (Fed. Cir. 2021)
By Kevin E. Noonan — Exactly two weeks after affirming a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) […]
Senators Tillis and Cotton Propose Sequenced Examination Approach
By Donald Zuhn — On Monday, Senators Thom Tillis (R-NC) and Tom Cotton (R-AR) sent a letter to Drew Hirshfeld, the Commissioner for Patents at […]
On the Patent Eligibility of Information Processing
By Michael Borella — A computer does just three things: receives information in the form of bits, transforms this information, and provides output based on […]
In re Board of Trustees of the Leland Stanford Junior University (Fed. Cir. 2021)
By Kevin E. Noonan — The Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) rejecting […]
In re Board of Trustees of the Leland Stanford Junior University (Fed. Cir. 2021)
By Kevin E. Noonan — The Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) rejecting […]
Senators Request USPTO to Provide Information on Subject Matter Eligibility
By Kevin E. Noonan — Senator Thom Tillis (R-NC) has been busy letter writing lately (see “Sen. Tillis Sends Letter to President Regarding Next USPTO […]
Chicago Patent Attorneys File Supreme Court Amicus Brief in American Axle
Chicago patent attorneys Kevin E. Noonan, Michael S. Borella, Aaron V. Gin, and Adnan M. “Eddie” Obissi have filed an amicus brief supporting Supreme Court […]
Personalized Media Communications, LLC v. Apple, Inc. (E.D. Tex. 2021)
Signal Processing Claims for Decrypting Encrypted Information Found Patent Ineligible By James Korenchan — Last week, the U.S. District Court for the Eastern District of […]
Top Four Stories of 2020
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. […]
Simio, LLC v. FlexSim Software Products, Inc. (Fed. Cir. 2020)
By Michael Borella — This decision is bad. Not an American Axle level of bad, but still quite far from good. Simio sued FlexSim in […]
Adaptive Streaming Inc. v. Netflix, Inc. (Fed. Cir. 2020)
By Michael Borella — Adaptive Streaming, the owner of U.S. Patent No. 7,047,305, sued Netflix in the Central District of California for alleged infringement. Netflix […]
An Analytic Approach to Patent Eligibility
By Kevin E. Noonan — The transcendental conundrum in patent law in these times is how to overcome the misinterpretation of the Supreme Court’s decisions […]
Gree, Inc. v. Supercell Oy (Fed. Cir. 2020)
By Michael Borella — One would think that inventions relating to computer game software would easily meet the requirements for patent eligibility, as these inventions […]
C R Bard Inc. v. AngioDynamics, Inc. (Fed. Cir. 2020)
By Michael Borella — One of the more intellectually dishonest aspects of current patent eligibility law is that it allows one to ignore certain claim […]
On the Patent Eligibility of Graphical User Interfaces: Part II
By Michael Borella — This article is Part II of a study on the patent eligibility of graphical user interfaces. Part I was published yesterday. […]
On the Patent Eligibility of Graphical User Interfaces: Part I
By Michael Borella — I. Introduction The evolution of graphical user interfaces parallels the evolution of computing technology itself. As computers grow more powerful and […]
Stupid § 101 Tricks
By Michael Borella — With apologies to David Letterman. If we have learned anything from the last six-and-a-half years of patent eligibility jurisprudence, it is […]
Realtime Data LLC v. Reduxio Systems, Inc. (Fed. Cir. 2020)
By Michael Borella — One of the more frustrating aspects of current patent-eligibility law is that it lends itself all too easily to mischief. In […]
Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence?
By Kevin E. Noonan — The Federal Circuit’s inchoate attempts to fashion a consistent, rational application of the Supreme Court’s recent subject matter eligibility jurisprudence, […]
Federal Circuit Finds Calculating Machine Ineligible
August 23, 1891 WASHINGTON, DC In a unanimous panel ruling, the Federal Circuit has found that the calculating machine of U.S. Patent No. 388,116 fails […]
Illumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. 2020)
Federal Circuit Hands Down Modified Opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc. By Kevin E. Noonan — Earlier this year, the Federal Circuit (somewhat […]
XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)
By Kevin E. Noonan — Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC […]
The Three Properties of Patent-Eligibility: An Empirical Study
By Michael Borella and Ashley Hatzenbihler — Patent eligibility is a bit of a mess these days. Ever since the Supreme Court handed down the […]
Federal Circuit Rules Public Key Cryptography Algorithm Invalid Under 35 U.S.C. § 101
Note: The below is a sarcastic parody, in the spirit of our earlier sarcastic parodies. By Michael Borella — WASHINGTON D.C., June 23, 1984. In […]
Packet Intelligence LLC v. NetScout Systems, Inc. (Fed. Cir. 2020)
By Michael Borella — Introduction Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789. […]
Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020)
By Michael Borella — Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. […]
In re Zunshine (Fed. Cir. 2020)
By Donald Zuhn –- Earlier today, the Federal Circuit affirmed the rejection by the Patent Trial and Appeal Board of claims 1-3 of U.S. Patent […]
