Search Results for: Alice v. CLS Bank

Alice Backs Anna: Federal Circuit Finds Miller Mendel’s Background Check Patent Abstract

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By Dennis Crouch

In Miller Mendel, Inc. v. City of Anna, Texas, No. 2022-1753 (Fed. Cir. July 18, 2024), the Federal Circuit affirmed a district court's judgment on the pleadings that the asserted claims of Miller Mendel's U.S. Patent No. 10,043,188 ('188 patent) are ineligible for patent protection under 35 U.S.C. § 101. The court also affirmed the denial of the defendant's motion for attorneys' fees under 35 U.S.C. § 285.

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IPO Steps Up: Proposes Statute to Overturn Mayo and Alice

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by Dennis Crouch

The Intellectual Property Owners Association (IPO) is run primarily by a group of 50 top intellectual property counsel (usually patent-focused) from many of the largest global innovative companies - all deeply involved in the patent system as patent holders and many as accused-infringers as well.  Patent attorneys from various law firms serve in a support role for the organization.  The IPO created a special 101 legislative task force headed by IBM's Marian Underweiser with Vice-Support from Bob Sachs (Fenwick & the BilskiBlog) whose proposal has now been released and fully adopted by the IPO Board.

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The Emperor’s New Judgments: Rule 36 and the Invisible Cloth of Patent Law

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by Dennis Crouch

The Federal Circuit's practice of issuing no-opinion affirmances under Rule 36 is facing renewed scrutiny in two recent petitions for rehearing en banc. In UNM Rainforest Innovations v. ZyXEL Communications Corp. and Island Intellectual Property LLC v. TD Ameritrade, Inc., the petitioners argue that the court's use of one-word Rule 36 judgments allowed it to sidestep key legal and factual issues raised on appeal. These petitions highlight ongoing concerns about the Federal Circuit's frequent use of Rule 36 and its impact on patent law development.  The failure to provide an explanatory opinion is an appellate-procedure issue - the two patentees also argue that the lower tribunal made substantive legal errors.

I don't see the court as having a truly nefarious reason for its common no-opinion judgments, but the situation does call to mind the ancient fable about the emperor's new clothes adapted and popularized by Hans Christian Andersen. 

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Patentees Out of Luck Again: CAFed Sides with DraftKings that Remote Gambling Patent Ineligible

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by Dennis Crouch

The Federal Circuit has affirmed a D.N.J. court's dismissal of patentee Beteiro's infringement complaints against DraftKings, et al., agreeing that the asserted claims are directed to patent ineligible subject matter under 35 U.S.C. § 101. Beteiro, LLC v. DraftKings Inc., No. 2022-2275 (Fed. Cir. June 21, 2024). The patents at issue were directed to methods of facilitating remote gambling activity using devises equipped with GPS. 

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