Patent Prosecution Update
January 2015
Adding Multiple, Routine Steps Does Not Transform an Abstract Idea into Patentable Subject Matter
In Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709 (Fed. Cir. 2014), the Federal Circuit applied the Supreme Court’s reasoning in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347, 2355 (2014), to strike down software method claims under 35 U.S.C. § 101. The patent at issue claimed “a method for distributing copyrighted media products over the Internet where the consumer receives a copyrighted media product at no cost in exchange for viewing an advertisement,” where “the advertiser pays for the copyrighted content.” Ultramercial, 772 F.3d at 712. The Federal Circuit struck down the patent as being directed to the patent-ineligible abstract idea of using advertisements as currency. Id. at 714, 717. More
CardSoft: A Primer on Basic Claim Construction Principles
The U.S. Court of Appeals for the Federal Circuit recently reaffirmed basic claim construction principles in CardSoft, LLC v. VeriFone, Inc., No. 2014-1135 (Fed. Cir. Oct. 17, 2014). The court applied a broad range of tools from the seminal Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), to arrive at its interpretation, reversing the trial court. More
Adding Multiple, Routine Steps Does Not Transform an Abstract Idea into Patentable Subject Matter
In Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709 (Fed. Cir. 2014), the Federal Circuit applied the Supreme Court’s reasoning in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347, 2355 (2014), to strike down software method claims under 35 U.S.C. § 101. The patent at issue claimed “a method for distributing copyrighted media products over the Internet where the consumer receives a copyrighted media product at no cost in exchange for viewing an advertisement,” where “the advertiser pays for the copyrighted content.” Ultramercial, 772 F.3d at 712. The Federal Circuit struck down the patent as being directed to the patent-ineligible abstract idea of using advertisements as currency. Id. at 714, 717. More
CardSoft: A Primer on Basic Claim Construction Principles
The U.S. Court of Appeals for the Federal Circuit recently reaffirmed basic claim construction principles in CardSoft, LLC v. VeriFone, Inc., No. 2014-1135 (Fed. Cir. Oct. 17, 2014). The court applied a broad range of tools from the seminal Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), to arrive at its interpretation, reversing the trial court. More
IP5 Offices
The IP5 Offices and the Growing Collaboration Between Them
Read
Design Patents
Selling Globally? Protect Locally – Strategic Planning for Design Rights Worldwide
Read
Rule Review
New Subject Matter Eligibility Interim Guidance After Alice, Mayo, and Myriad
Read
EPO Practice
Oral Proceedings at the European Patent Office
Read
At the Federal Circuit
Location Matters: Nonpreamble Use of “Comprising” Leads To Finding of Lack of Enablement
Read
 |
| Follow us on |  |
 |
 |
DISCLAIMER: The information contained herein is intended to convey general information only and should not be construed as a legal opinion or as legal advice. The firm disclaims liability for any errors or omissions and readers should not take any action that relies upon the information contained in this newsletter. You should consult your own lawyer concerning your own situation and any specific legal questions. This promotional newsletter does not establish any form of attorney-client relationship with our firm or with any of our attorneys.
If you have any questions or need additional information, please contact:
Eric P. Raciti, Editor-in-Chief
J. Derek McCorquindale, Associate Editor
Clara N. Jiménez, Associate Editor
Eric P. Raciti, Editor-in-Chief
J. Derek McCorquindale, Associate Editor
Clara N. Jiménez, Associate Editor
Finnegan publishes newsletters, blogs, and IP Updates that provide news, statistics, and analysis of recent court decisions. Our newsletters and blogs focus on Federal Circuit practice, PTAB practice, trademark and copyright law, patent prosecution and counseling, and IP licensing. To sign-up to receive newsletters, blog posts, or IP Updates, please click here.
Atlanta ▪ Boston ▪ London ▪ Palo Alto ▪ Reston ▪ Shanghai ▪ Taipei ▪ Tokyo ▪ Washington, DC
www.finnegan.com
Copyright © 2015 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | All rights reserved