All posts by Jason Rantanen

About Jason Rantanen

Jason is a Law Professor at the University of Iowa College of Law. View all posts by Jason Rantanen →

Guest Post: The Case Against Federalizing Trade Secrecy

September 2, 2014PatentAbstract Idea, AIA Trials, paid, Personal Jurisdiction, PGR, Subject Matter Eligibility, Trade Secrets, USPTO DirectorJason Rantanen

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Federal Circuit Reminds Courts of Discretion on Fee Awards

August 26, 2014Patentpaid, Supreme CourtJason Rantanen

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Guest Post by Prof. Risch: A Generation of Patent Litigation: Outcomes and Patent Quality

August 26, 2014PatentpaidJason Rantanen

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Guest Post: Publishing Design Patent Applications: Time to Act

August 24, 2014PatentAIA Trials, anticipation, Damages, design patent, double patenting, obviousness, paid, PGR, Trade SecretsJason Rantanen

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Studying the Mongrel: Why Teva v. Sandoz Won’t Solve Claim Construction

July 15, 2014PatentAIA Trials, Claim Construction, Enablement, paid, PGRJason Rantanen

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Alice, Artifice, and Action – and Ultramercial

July 8, 2014PatentAbstract Idea, anticipation, Enablement, First to Invent, obviousness, paid, Subject Matter Eligibility, Written DescriptionJason Rantanen

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Patent Examiners and Litigation Study

July 7, 2014PatentAIA Trials, Inequitable Conduct, Licenses, paid, PGRJason Rantanen

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Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz

June 30, 2014PatentAIA Trials, Claim Construction, Federal Circuit En Banc, paid, PGR, USPTO DirectorJason Rantanen

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Teva v. Sandoz: Teva’s Opening Merits Brief

June 27, 2014PatentClaim Construction, Enablement, obviousness, paidJason Rantanen

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Teva v. Sandoz: Standard of Review for Claim Construction(?)

June 26, 2014PatentClaim Construction, Enablement, paidJason Rantanen

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PTO Issues Alice-based Examination Instructions

June 25, 2014PatentAbstract Idea, paid, Subject Matter EligibilityJason Rantanen

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If you thought Alice v CLS Bank lacked a useful analytic structure

June 25, 2014PatentClaim Construction, obviousness, paidJason Rantanen

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The Three Faces of Prometheus: Alice and Generic Application

June 24, 2014PatentAbstract Idea, Federal Circuit En Banc, obviousness, paid, Subject Matter EligibilityJason Rantanen

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The Supreme Court’s Alice Decision on Patent Eligibility of Computer-Implemented Inventions: Finding an Oasis In the Desert

June 23, 2014PatentAbstract Idea, anticipation, obviousness, paid, Subject Matter Eligibility, Supreme Court, USPTO DirectorJason Rantanen

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SCOTUSblog symposium on Alice v. CLS Bank

June 22, 2014PatentAbstract Idea, paid, Subject Matter EligibilityJason Rantanen

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Guest Post by Prof. McKenna: The Implications of Blackhorse v. Pro-Football, Inc.

June 19, 2014Patentobviousness, paid, USPTO DirectorJason Rantanen

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Alice v. CLS Bank: Claims Invalid Under Section 101

June 19, 2014PatentAbstract Idea, First to Invent, paid, Subject Matter EligibilityJason Rantanen

By Jason Rantanen

Alice Corporation Pty. Ltd. v. CLS Bank International (2014)

Download opinion here: Alice v CLS

This morning the Supreme Court issued its opinion in Alice, unanimously affirming the Federal Circuit and finding all claims drawn to patent ineligible subject matter under Section 101. Justice Thomas wrote for the opinion for the Court. It begins:

The question presented is whether these claims are patent eligible under 35 U. S. C. §101, or are instead drawn to a patent-ineligible abstract idea. We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.

The opinion includes both the actual language of representative claims (in a footnote) and the court's interpretation of them (in the body of the opinion).

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Judge Chen and Nonobviousness

June 12, 2014PatentAffirmed Without Opinion, anticipation, Claim Construction, obviousness, paid, reasonable expectation of successJason Rantanen

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“Mine-run” and other puzzles

June 11, 2014PatentClaim Construction, Damages, paidJason Rantanen

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Guest Post: The Rise of The End User in Patent Litigation (and Attorney Fee Shifting)

June 10, 2014Patentanticipation, paidJason Rantanen

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