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 Rules that PTAB Time-Bar Determinations in IPRs Can Be Appealed*

(*Originally published as a Michael Best client alert on January 10, 2018, co-authored by J. Donald Best and Kenneth M. Albridge, III)

On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the United States Court of Appeals for the Federal Circuit issued an en banc decision expanding the range of issues subject to judicial review on appeal from decisions of the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. In a 9-4 decision, the full Federal Circuit overruled its prior panel decision in Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) and held for the first time that the PTAB’s time-bar determinations under 35 U.S.C. § 315(b) are not exempt from judicial review under § 314(d). Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944, slip op. at 21 (Fed. Cir. Jan. 8, 2018). 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

Eyes on Alice: Federal Circuit Strikes Down Asserted Claims of 11 Patents in Two Different Cases as Unpatentable Subject Matter

The Federal Circuit has issued two additional precedential decisions to its line of cases delineating between patent-eligible and patent-ineligible improvements in computer-related technology. On October 16, 2017, the Federal Circuit issued a decision concluding that seven patents related to a system used to identify and track letters and packages are directed to patent ineligible subject matter under 35 U.S.C. § 101. Similarly, on October 18, 2017, the Federal Circuit issued another decision finding four patents directed to mass transit fare payment technology unpatentable under section 101. Continue reading

Eyes on Alice: Improved Computer Memory System Patent Eligible

In the wake of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), the Federal Circuit has issued a series of precedential decisions attempting to delineate between patent-eligible and patent-ineligible improvements in computer-related technology.  On August 15, 2017, the Federal Circuit issued another important precedential decision on the subject, concluding that U.S. Patent No. 5,953,740, which claims computer memory systems having certain features, is directed to patent eligible subject matter under 35 U.S.C. § 101.  Continue reading