Coverage since July 23, 1998

Patent Subject Matter Eligibility

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Berkheimer v. HP Inc. — Federal Circuit Holds Patent Eligibility Step 2B Contains Factual Questions Not Resolvable on Summary Judgment

The Federal Circuit held that the Alice/Mayo Step 2B inquiry — whether a claim element or combination of elements represents an ‘inventive concept’ that was well-understood, routine, and conventional — contains underlying factual questions that may not always be resolved as a matter of l

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Credit Acceptance Corp. v. Westlake Services — Federal Circuit Affirms CBM Review Cancellation of Auto Finance Patent

The Federal Circuit affirmed PTAB’s cancellation of Credit Acceptance’s patent on financing automobile purchases through a dealer-administered program, holding the claims directed to the abstract idea of processing financing transactions — a business practice not rendered patent-eligible

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Smart Systems Innovations v. Chicago Transit Authority — Federal Circuit Holds Open Transit Payment Patents Abstract Under Section 101

The Federal Circuit affirmed invalidity of Smart Systems’ open-loop transit payment patents under Section 101, holding that collecting financial data using generic components to facilitate transit access is an abstract idea — with a notable dissent arguing that the claims addressed a real, Int

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Visual Memory v. NVIDIA — Federal Circuit Upholds Programmable Memory System Patent as Directed to Technological Improvement

Reversing a district court’s Section 101 dismissal, the Federal Circuit held that Visual Memory’s patent on a programmable memory system with processor-specific operational characteristics was directed to an improved computer memory technology — not an abstract idea — because it describe

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Intellectual Ventures v. Capital One Financial — Federal Circuit Strikes Down XML and Data-Collection Patents as Abstract Ideas

The Federal Circuit affirmed invalidation of Intellectual Ventures’ XML-formatting and financial data-collection patents under Section 101, holding that organizing, collecting, recognizing, and storing data — even when dressed in domain-specific vocabulary — is a patent-ineligible abstract ide

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Praxair Distribution v. Mallinckrodt Hospital — Federal Circuit Holds Nitric Oxide Dosing Method Patent Ineligible

The Federal Circuit held Mallinckrodt’s patents on methods of supplying inhaled nitric oxide therapy while monitoring patients for adverse effects were patent-ineligible under § 101 — finding the claims directed to the natural phenomenon that nitric oxide can worsen pulmonary edema in certain

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McRO v. Bandai Namco — Federal Circuit Upholds Animation Lip-Sync Patents as Patent-Eligible Improvements to Computer Animation

The Federal Circuit held that McRO’s patents on rule-based automated lip synchronization in 3D character animation were patent-eligible — the claims specified a particular improvement in computer animation technology using specific rules, not merely the abstract idea of using rules to automate

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