Eyes on Alice: In a 2-1 Decision Federal Circuit Finds Patent for Detecting Body Temperature at the Forehead Patent-Eligible Subject Matter.

The Federal Circuit issued a non-precedential decision delineating between patent-eligible and patent-ineligible improvements in technology related to taking a person’s temperature using a computerized thermometer. On March 8, 2018, the Federal Circuit affirmed that U.S. Patent Nos. 6,292,685 (‘685 patent) and 7,787,938 (‘938 patent) related to a body temperature detector that calculates a person’s core temperature by detecting the temperature of the forehead directly above the superficial temporal artery was directed to patent-eligible subject matter under 35 U.S.C. § 101. Continue reading

Eyes on Alice: Federal Circuit Weighs Patent Eligibility of Patent Claims Concerning the Digital Processing and Archiving of Files in a Digital Asset Management System

The Federal Circuit issued another precedential decision adding to its line of cases delineating between patent-eligible and patent-ineligible improvements in computer-related technology. On February 8, 2018, the Federal Circuit affirmed that U.S. Patent No. 7,447,713 (‘713 patent) related to eliminating redundant storage of common text and graphical elements to improve system operating efficiency and to reduce storage costs was directed to patent ineligible subject matter under 35 U.S.C. § 101. Continue reading

Federal Circuit Upholds PTAB’s Entry of Adverse Judgment Before Its Institution Decision

In a split precedential decision, the Federal Circuit ruled that 37 C.F.R. § 42.73(b) permits the Patent Trial and Appeal Board to enter an adverse judgment when a patent owner cancels all claims at issue after an IPR petition has been filed, but before an institution decision.

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Federal Circuit Remands Patents Back to Board for Further Proceedings Regarding Challenges to Patents’ Validity Based on Anticipation and Obviousness

In a nonprecedential decision, the Federal Circuit ruled that the Patent Trial and Appeal Board had (1) failed to address a specific anticipation argument raised by a petitioner and (2) failed to provide adequate reasoning to support a decision on obviousness. Continue reading

Eyes on Alice: Federal Circuit Affirms Decision to Strike Claims of Four Patents Related to Streaming Data Over the Internet as Unpatentable Subject Matter

The Federal Circuit issued another precedential decision adding to its line of cases delineating between patent-eligible and patent-ineligible improvements in computer-related technology. On November 1, 2017, the Federal Circuit issued a decision concluding that four patents related to a system for streaming audio/visual data over a communications system like the internet are directed to patent ineligible subject matter under 35 U.S.C. § 101.

In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, the Federal Circuit affirmed the United States District Court for the District of Delaware’s ruling granting defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) based on patents being ineligible under § 101. Nos. 2016-2531, 2016-2532, slip op. at 7, 9 (Fed. Cir. Nov. 1, 2017). The patents-in-suit were entitled “Multicasting Method and Apparatus” and described a system to provide a way to transmit one packet of information to multiple recipients. Id. at 3. More specifically, “[t]he patents describe the invention as an improved scalable architecture for delivering real-time information.” Id. Continue reading