Knobbe/Martens: Intellectual Property Law

Ted M. Cannon

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BSG Tech LLC v. BuySeasons, Inc.

October 11, 2018 Jordan M. Cox and Ted M. Cannon

In BSG Tech LLC v. BuySeasons, Inc., the Federal Circuit held that a patent claim is ineligible under § 101 when its only allegedly unconventional feature is an abstract idea.[1]  The Federal Circuit affirmed the judgment of the U.S. District Court for the Eastern District of Texas that the claims are ineligible because they claim nothing more than the abstract idea of considering historical usage information while inputting data.[2]


Supreme Court Issues Two Important Decisions Affecting Inter Partes Review Patent Challenges

April 25, 2018

The Supreme Court has issued two important decisions affecting Inter Partes Review (“IPR”) and other post-grant patent challenges conducted by the Patent Trial and Appeal Board (“PTAB”).

A Compelling Invention Story May Support Patent-Eligibility

November 21, 2016 Ted M. Cannon and Brian Graham

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims.  Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are patent-eligible because they include an “inventive concept” under Alice step two.

Federal Circuit emphasizing “how” over “what.” But is that really enough?

September 9, 2016 Ted M. Cannon and Fred Nicholson

TDE Petroleum Data Solutions, Inc. v AKM Enterprise, Incis one of several recent Federal Circuit cases concluding that pure data processing claims—that is, claims directed to merely collecting, analyzing, and outputting data—are not patent-eligible subject matter under 35 U.S.C. § 101.  In TDE Petroleum, the Federal Circuit invalidated claims to a process of receiving reported data about an oil well operation, analyzing the data, and determining the state of the oil well operation.

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