Tag: patentable subject matter
A New § 101 Trio Shows That We Don’t Need § 101 Legislation
The Bilski, Alice, Mayo, and Myriad cases are sometimes referred to as a § 101 quartet because they set forth the Supreme Court’s test for patentable subject matter under § 101. Over the past fe...
Innovation Is Alive And Well—Patenting Activity
After examining the evidence for U.S. innovation as shown by startups and venture capital, and by R&D spending, I want to look at patenting activity—new patent applications and new patent grants...
The Alice Drizzle—Barely Even Noticeable
At the end of the year, I took a look at whether Alice really had a significant impact on patents as a whole. The answer was that Alice simply doesn’t affect that many patent applications. But s...
The “Alice Storm” Is More Of A Drizzle
You might be familiar with Bob Sachs’ term “Alice Storm.” Sachs and his co-authors over at Bilski Blog argue that “Alice Corp. v. CLS Bank has had a dramatic impact on the allowability of comp...
It’s The Claim Language—Except When It Isn’t
Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory[1. Unsurprisingly, Visual Memory is an NPE that did not itself come up with this pate...
CustomPlay, Annotated
Near the end of July, CustomPlay sued Apple and Amazon. CustomPlay is owned by Max Abecassis, who also owns Nissim Corp. (Nissim has a long history of involvement with the DVD standard and nearly ...
The PTO’s § 101 Summary Report
One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank - a decision that articulated a distinction between patent-eligible inventions, an...
Should Abstract Ideas Be Unpatentable? The Answer Is A Snap
Tuesday, Kaldren LLC sued Snap. (According to RPX, Kaldren is affiliated with IP Edge, a notorious patent troll.) Kaldren sued over a set of expired patents on such wonderful ideas as:
Printing ...
ContentGuard: Validity and Privilege
Monday I summarized the history of the ContentGuard cases, and yesterday I described the process of claim interpretation. Today, we’ll turn to an issue that we’ve focused on recently, patent val...