AIRBUS S.A.S. v. FIREPASS CORPORATION (Fed. Cir. 2015) (P) – The substantial new question of patentability requirement for reexamination does not extend to new claims

by | Jul 17, 2015 | [sub] reexamination, PTO Procedure

The substantial new question of patentability requirement to institute reexamination proceedings does not extend to claims added after commencement of the reexamination. Here, for example, newly added claims during reexamination were found to be exempt from the...

VERSATA DEVELOPMENT GROUP v. SAP AMERICA, INC. (Fed. Cir. 2015) (P) – Commonplace business methods processing business information on a general computer are not patent eligible

by | Jul 9, 2015 | [sub] Alice step one, Subject Matter Eligibility

Claims reciting a commonplace business method aimed at processing business information, despite being applied on a general purpose computer, are not patent eligible under 35 U.S.C. § 101. Here, for example, claims drafted to include computer hardware limitations, but...

INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL (Fed. Cir. 2015) (P) – Key claim limitations broadly encompassing known practices show that claims are directed to an abstract idea

by | Jul 6, 2015 | [sub] Alice step one, Subject Matter Eligibility

Key claim limitations broadly encompassing known practices may demonstrate that the claims are directed to an abstract idea for the purposes of establishing subject matter eligibility under 35 U.S.C. § 101. Here, for example, providing customized web page content to a...

THE MEDICINES COMPANY v. HOSPIRA, INC. (Fed. Cir. 2015) (P) – Products prepared by a supplier for commercial exploitation by the patentee trigger the on-sale bar

by | Jul 2, 2015 | [sub] offer for sale, Prior Art

Products embodying the invention and prepared by a supplier for commercial exploitation by the patentee trigger the on-sale bar. Here, for example, a batch of pharmaceuticals marked by the supplier with commercial product codes and customer lot numbers and sent to the...

CAMBRIAN SCIENCE CORPORATION v. COX COMMUNICATIONS, INC. (Fed. Cir. 2015) (NP) – The definition of a claim term in the specification is controlling over broader extrinsic evidence

by | Jun 29, 2015 | [sub] extrinsic evidence, Claim Interpretation

The definition of a claim term in the specification is controlling over extrinsic evidence even when that evidence points to a broader understanding of the plain meaning of the term in the art. Here, for example, an “active” waveguide coupler was found to be clearly...