Author name: Gary

Federal Circuit, Patent Subject Matter Eligibility

Cellspin Soft v. Fitbit — Federal Circuit Applies Berkheimer to Deny Motion to Dismiss on § 101 Grounds

The Federal Circuit reversed a district court’s dismissal of patent claims as ineligible under § 101, applying Berkheimer to hold that well-pleaded factual allegations about how the claimed invention was an unconventional advance must be accepted as true at the 12(b)(6) stage — limiting early § 101 dispositive motions where patents allege specific technical improvements.

PTAB, Utility Patent

Xilinx v. Analog Devices — Federal Circuit on IPR Petition Grounds and Institution of Partial Review

The Federal Circuit addressed the PTAB’s discretionary authority under § 314(a) to deny IPR petitions based on factors including the stage of parallel district court litigation and the efficiency of institution — affirming the PTAB’s broad discretion in institution decisions and its authority to consider the NHK-Fintiv framework for balancing IPR efficiency against parallel litigation.

Federal Circuit, Patent Subject Matter Eligibility

Natural Alternatives International, Inc. v. Creative Compounds, LLC — Federal Circuit Holds Beta-Alanine Supplement Patents Are Eligible as Unnatural-Quantity Treatment Claims

The Federal Circuit reversed a district court’s ruling that patents on using beta-alanine as a dietary supplement were invalid under § 101, holding that method of treatment claims covering use of a natural compound in non-naturally-occurring quantities to alter physiology are patent eligible.

Federal Circuit, Patent Subject Matter Eligibility

Trading Technologies v. IBG — Federal Circuit Finds Futures Trading Interface Patents Ineligible as Abstract Ideas

The Federal Circuit held that Trading Technologies’ patents on a graphical user interface for electronic futures trading were patent-ineligible abstract ideas under Alice — finding that displaying market data and allowing traders to place orders by clicking on a price ladder represented an abstract business method implemented on a computer rather than a patent-eligible technological improvement.

Federal Circuit, Patent Subject Matter Eligibility

Ancora Technologies, Inc. v. HTC America, Inc. — Federal Circuit Holds BIOS-Based Software License Verification Patent Is Eligible Under § 101

The Federal Circuit reversed a district court’s dismissal and held that a patent claiming a method of preventing computers from running unlicensed software by using the BIOS to store a license verification key is not an abstract idea—it claims a concrete improvement to computer security functionality.

International Trade Commission, Trademark, Federal

Converse v. ITC — Federal Circuit Holds Trademark Registration Presumption of Secondary Meaning Applies Prospectively Only

The Federal Circuit held that a trademark registration creates a presumption of secondary meaning only as of the date of registration — not retroactively — requiring Converse to independently prove its Chuck Taylor trade dress had acquired distinctiveness before each infringer’s first infringing use.

Federal Circuit, Utility Patent

Nevro Corp. v. Boston Scientific — Federal Circuit on Written Description for High-Frequency Spinal Cord Stimulation Patent

The Federal Circuit reversed a district court’s summary judgment finding written description inadequacy for Nevro’s spinal cord stimulation patents, holding that the specification’s disclosure of the claimed frequency ranges combined with paresthesia-free stimulation raised genuine issues of material fact about whether a skilled artisan would have recognized the inventor’s possession of the full claimed range.

Federal Circuit, Patent Subject Matter Eligibility

Interval Licensing v. AOL — Federal Circuit Invalidates “Attention Manager” Display Patent as Claiming a Desired Result Without a Technical Solution

The Federal Circuit held that a patent covering an “attention manager” that displays content in unused screen space is ineligible under § 101, because it claims a desired outcome — non-interfering display of two information sets — without specifying any technical means of achieving it.

Federal Circuit, Utility Patent

Medtronic v. Teleflex — Federal Circuit on Lead Placement Patent Claims and Claim Differentiation

The Federal Circuit addressed claim differentiation and claim construction for Teleflex’s coronary sinus lead placement patent — holding that where a dependent claim adds a specific limitation, the corresponding independent claim must be broader, and applying this principle to construe lead placement method claims in a dispute between cardiac device makers.

Supreme Court, Utility Patent

Oil States Energy Services v. Greene’s Energy Group — Supreme Court Upholds Constitutionality of Inter Partes Review

The Supreme Court held 7-2 that inter partes review does not violate Article III or the Seventh Amendment — because patents are public franchises granted by the government, which may reclaim or modify them through an executive agency proceeding without a jury trial, upholding the America Invents Act’s most powerful patent challenge mechanism.

Federal Circuit, Patent Subject Matter Eligibility

Vanda Pharmaceuticals v. West-Ward Pharmaceuticals — Federal Circuit Upholds Patent Eligibility of Personalized Medicine Claims

The Federal Circuit held that method-of-treatment claims directed to a specific dosing regimen for schizophrenia based on a patient’s genetic profile are patent eligible under §101, distinguishing the Supreme Court’s Mayo decision and reinforcing the eligibility of personalized medicine patents.

Federal Circuit, Utility Patent

SimpleAir v. Google — Federal Circuit Holds Terminal Disclaimer Alone Does Not Establish Claim Preclusion for Continuation Patents

The Federal Circuit vacated a claim preclusion ruling against SimpleAir, holding that filing a terminal disclaimer in a continuation patent does not create a presumption that the continuation’s claims are patentably indistinct from the parent, and courts must compare actual claim scope before finding preclusion.

Federal Circuit, Patent Subject Matter Eligibility

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 law on summary judgment, limiting the scope of § 101 dispositive motions.

Federal Circuit, Patent Subject Matter Eligibility

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 by implementation on a computer.

Federal Circuit, Patent Subject Matter Eligibility

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, Internet-era technical problem.

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