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Patent Subject Matter Eligibility

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TQ Delta v. DISH Network — Court Upholds Phase-Scrambling Patent Under Section 101 but Invalidates Its Sibling Patent as Abstract

After a patent case pending since 2015, a Delaware federal judge held that claims directing bit and phase scrambling to reduce peak-to-average power ratio are patent-eligible, but that claims for calculating scrambled phases without applying them are abstract and lack an inventive concept.

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BitHarmony v. Warner Bros. Discovery — Video-Transcoding Patents Survive Section 101 at Pleading Stage, but Pre-Suit Knowledge and Direct Infringement Allegations Dismissed

Sitting by designation in Delaware, Federal Circuit Judge Bryson denied dismissal on patent eligibility grounds because the complaint plausibly alleged inventive concepts, but dismissed speculative pre-suit knowledge and multi-defendant direct infringement allegations with leave to amend.

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