ALLVOICE DEVELOPMENTS US, LLC v. MICROSOFT CORP. (Fed. Cir. 2015) (NP) – A tangible medium will not be read into claims that fail to recite or reference any such medium

by Steve Driskill | May 22, 2015 | [sub] computer-related, Subject Matter Eligibility

A tangible medium will not be read into claims that fail to recite or reference any such medium. Here, for example, a “universal speech-recognition interface” software application consisting of software instructions was found to not imply the existence of a machine...

CYBERFONE SYSTEMS v. CNN INTERACTIVE GROUP (Fed. Cir. 2014) (NP) – Patent eligibility of data categorization and storage implemented by computers

by Steve Driskill | Feb 26, 2014 | [sub] computer-related, Subject Matter Eligibility

“[T]he well-known concept of categorical data storage, i.e., the idea of collecting information in classified form, then separating and transmitting that information according to its classification, is an abstract idea that is not patent-eligible.” The fact that a...

SMARTGENE, INC. v. ADVANCED BIOLOGICAL LAB (Fed. Cir. 2014) (NP) – Computerization of otherwise routine mental steps

by Steve Driskill | Jan 24, 2014 | [sub] computer-related, Subject Matter Eligibility

More than generic computerization is required to make subject-matter-eligible a claim “in which every step is a familiar part of the conscious process that [artisans] can and do perform in their heads.” Instead, the court identified two broad classes of eligible...

ACCENTURE GLOBAL SERVICES v. GUIDEWIRE SOFTWARE, INC. (Fed. Cir. 2013) (P) – Subject matter eligibility of system claims

by Steve Driskill | Sep 5, 2013 | [sub] computer-related, Subject Matter Eligibility

System claims that closely track method claims and are grounded by the same meaningful limitations will generally rise and fall together. In order for a system claim to offer a “meaningful limitation” beyond an otherwise abstract method claim that would be sufficient...

ULTRAMERCIAL, INC. v. HULU, LLC (Fed. Cir. 2013) (P) – Patent eligibility of computer-implemented inventions

by Steve Driskill | Jun 21, 2013 | [sub] computer-related, Subject Matter Eligibility

If you are looking for language to support an assertion that a computer-implemented invention is patent eligible, this is a good case to consult. The court emphasized, for example, that the claims did not cover the use of advertising as currency “disassociated with...

CLS BANK INTERNATIONAL v. ALICE CORPORATION (Fed. Cir. 2013) (P, en banc) – Patent eligibility of computer-implemented inventions

by Steve Driskill | May 10, 2013 | [sub] computer-related, Subject Matter Eligibility

Although a majority of the judges on the court agreed that the method claims do not recite patent eligible subject matter, no majority of those judges agreed as to the legal rationale for that conclusion. Accordingly, though many supporting opinions were published...