RAPID LITIGATION MANAGEMENT v. CELLZDIRECT, INC. (Fed. Cir. 2016) (P) – A claim is not merely “directed to” a law of nature if the end result of the process is new and useful

by Steve Driskill | Jul 5, 2016 | [sub] Alice step one, Subject Matter Eligibility

A claim is not merely “directed to” a law of nature under Alice step one if the end result of the process is new and useful. Here, for example, claims reciting a new and useful laboratory technique for preserving hepatocyte liver cells were found to be patent-eligible...

BASCOM GLOBAL INTERNET v. AT&T MOBILITY LLC (Fed. Cir. 2016) (P) – An “inventive concept” can be found in a non-conventional arrangement of known, conventional pieces

by Steve Driskill | Jun 27, 2016 | [sub] Alice step two, Subject Matter Eligibility

An “inventive concept” establishing subject matter eligibility can be found in a non-conventional and non-generic arrangement of otherwise known, conventional pieces. Here, for example, an inventive concept was found in the installation of an Internet-content...

TLI COMMUNICATIONS LLC v. AV AUTOMOTIVE, L.L.C. (Fed. Cir. 2016) (P) – Claims reciting conventional technology without addressing its problems are directed to an abstract idea

by Steve Driskill | May 17, 2016 | [sub] Alice step one, Subject Matter Eligibility

The use of conventional technology in a well-known environment that does not address any problems presented by the conventional technology is generally directed to an abstract idea under step one of the Mayo/Alice framework. Here, for example, attaching classification...

ENFISH, LLC v. MICROSOFT CORPORATION (Fed. Cir. 2016) (P) – Improvement to computer functionality is not an abstract idea under step one of the Mayo/Alice framework

by Steve Driskill | May 12, 2016 | [sub] Alice step one, Subject Matter Eligibility

Improvement to computer functionality is not an abstract idea under step one of the Mayo/Alice framework. Here, for example, claims directed to a “self-referential” logical model for a computer database were found to be sufficiently concrete rather than abstract...

IN RE BROWN (Fed. Cir. 2016) (NP) – A conventional machine is not sufficient to transform an abstract idea into a patent-eligible concept

by Steve Driskill | Apr 22, 2016 | [sub] Alice step two, Subject Matter Eligibility

Using a conventional machine in a conventional way to effectuate an otherwise abstract idea is not sufficient to transform the abstract idea into a patent-eligible concept under 35 U.S.C. § 101. Here, for example, using scissors to create a hair style selected...

GENETIC TECHNOLOGIES LIMITED v. MERIAL L.L.C. (Fed. Cir. 2016) (P) – Combining conventional implementation of a law of nature with a mental process step is not patent eligible

by Steve Driskill | Apr 8, 2016 | [sub] biotech, Subject Matter Eligibility

Diagnostic and therapeutic method claims that combine routine and conventional physical implementation of a law of nature with a simple mental process step are not patent eligible. Here, for example, analyzing non-coding regions of a person’s genome to detect coding...