Federal Circuit Affirms Invalidity of Blockchain Gemstone Tracking Patent Under Section 101
The Federal Circuit affirmed the dismissal of a patent infringement lawsuit due to patent ineligibility under 35 U.S.C. § 101.
The patent described a system for scanning physical items, determining unique patterns of imperfections, and recording them on a blockchain if not previously registered. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
Another 101 Bites the Dust as High Court Denies Realtime Data Petition
The U.S. Supreme Court has denied a petition to clarify patent eligibility jurisprudence under Section 101 since the Alice Corp. Pty Ltd. v. CLS Bank Int'l ruling.
The Federal Circuit's ruling on Realtime Data's patent claims was criticized by Judge Pauline Newman as a "morass" and she suggested evaluating validity under different sections of the law. [ more ]
Federal Circuit Affirms Invalidity of Blockchain Gemstone Tracking Patent Under Section 101
The Federal Circuit affirmed the dismissal of a patent infringement lawsuit due to patent ineligibility under 35 U.S.C. § 101.
The patent described a system for scanning physical items, determining unique patterns of imperfections, and recording them on a blockchain if not previously registered. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
Another 101 Bites the Dust as High Court Denies Realtime Data Petition
The U.S. Supreme Court has denied a petition to clarify patent eligibility jurisprudence under Section 101 since the Alice Corp. Pty Ltd. v. CLS Bank Int'l ruling.
The Federal Circuit's ruling on Realtime Data's patent claims was criticized by Judge Pauline Newman as a "morass" and she suggested evaluating validity under different sections of the law. [ more ]
Top 10 Software Patent Myths and How to Free Yourself from Them
Understanding and dispelling myths about software patents is crucial for innovators and companies to defend themselves and leverage patents.
Confusion around software patent eligibility arises from inconsistent rulings by the Federal Circuit and the Supreme Court and oversimplified media reports. [ more ]
Supreme Court Denies Inventor's Bid to End Alice/Mayo for a Second Time
The United States Supreme Court denied inventor Jeffrey Killian's petition for a rehearing in his case asking for clarity on the Alice/Mayo test for patent eligibility.
Killian argued that the Alice/Mayo test has been capricious and should be set aside.
Killian filed a request for rehearing after Senators introduced a bill, the Patent Eligibility Restoration Act (PERA), which would eliminate all judicially-created exceptions to patent eligibility law. [ more ]
The Predictability of the Mayo/Alice Framework - A New Empirical Perspective
The Mayo/Alice framework for patent eligibility has been heavily criticized for lacking predictability and administrability.
Critics argue that the framework has led to confusion and inconsistency in applying the patent eligibility requirements.
Empirical analysis suggests that judges have been able to predictably apply the framework, raising questions about the validity of claims of unpredictability. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
Supreme Court Denies Inventor's Bid to End Alice/Mayo for a Second Time
The United States Supreme Court denied inventor Jeffrey Killian's petition for a rehearing in his case asking for clarity on the Alice/Mayo test for patent eligibility.
Killian argued that the Alice/Mayo test has been capricious and should be set aside.
Killian filed a request for rehearing after Senators introduced a bill, the Patent Eligibility Restoration Act (PERA), which would eliminate all judicially-created exceptions to patent eligibility law. [ more ]
The Predictability of the Mayo/Alice Framework - A New Empirical Perspective
The Mayo/Alice framework for patent eligibility has been heavily criticized for lacking predictability and administrability.
Critics argue that the framework has led to confusion and inconsistency in applying the patent eligibility requirements.
Empirical analysis suggests that judges have been able to predictably apply the framework, raising questions about the validity of claims of unpredictability. [ more ]