IN RE SMITH (Fed. Cir. 2016) (P) – Wagering games are generally patent-ineligible abstract ideas without unconventional game elements

by Steve Driskill | Mar 10, 2016 | [sub] Alice step two, Subject Matter Eligibility

Wagering games are generally patent-ineligible abstract ideas unless they employ unconventional game elements, rather than conventional elements such as playing cards. Here, for example, a wagering game utilizing real or virtual standard playing cards was found to be...

MORTGAGE GRADER, INC. v. FIRST CHOICE LOAN SERVICES (Fed. Cir. 2016) (P) – Operations that can be performed by humans without a computer are generally directed to an abstract idea

by Steve Driskill | Jan 20, 2016 | [sub] Alice step one, Subject Matter Eligibility

Operations that can be performed by humans without a computer are generally directed to an abstract idea despite any further recitation of computer hardware. Here, for example, a method of anonymously evaluating a potential borrower for a loan using a third-party...

VEHICLE INTELLIGENCE v. MERCEDES-BENZ USA, LLC (Fed. Cir. 2015) (NP) – The use of special-purpose hardware without implementation details is not sufficient for patent eligibility

by Steve Driskill | Dec 28, 2015 | [sub] Alice step two, Subject Matter Eligibility

The mere use of special-purpose hardware without providing implementation details is not sufficient to transform an otherwise abstract idea into patent eligible subject matter. Here, for example, although the court acknowledged that execution of a vehicle operator...

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 Steve Driskill | 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 Steve Driskill | 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...

INTERNET PATENTS CORPORATION v. ACTIVE NETWORK, INC. (Fed. Cir. 2015) (P) – The innovative mechanism for achieving abstract idea must be claimed and more than generic data collection

by Steve Driskill | Jun 23, 2015 | [sub] Alice step two, Subject Matter Eligibility

The “inventive concept” requirement for patent eligibility under 35 U.S.C. §101 requires that the innovative mechanism for achieving an otherwise abstract idea must be recited in the claims and must involve more than merely generic data collection. Here, for example,...