ULTRAMERCIAL, INC. v. HULU, LLC (Fed. Cir. 2014) (P) – Addition of novel components to claimed ideas does not necessarily turn abstraction into something concrete

by Steve Driskill | Nov 14, 2014 | [sub] Alice step one, Subject Matter Eligibility

The addition of novel or non-routine components to a claimed idea does not necessarily turn an abstraction into something concrete for the purposes of subject matter eligibility under 35 U.S.C. § 101. Here, for example, a novel advertisement mechanism was found to be...

BUYSAFE, INC. v. GOOGLE, INC. (Fed. Cir. 2014) (P) – Claims that are squarely about creating a “contractual relationship” are directed to an abstract idea

by Steve Driskill | Sep 3, 2014 | [sub] Alice step one, Subject Matter Eligibility

Claims that are squarely about creating a “contractual relationship” (e.g., a “transaction performance guaranty”) fall under the purview of abstract ideas for the purposes of subject matter eligibility under 35 U.S.C. § 101. The “contractual relationship”...

PLANET BINGO, LLC v. VKGS LLC (Fed. Cir. 2014) (NP) – Computerized risk or security management for organized human activity is likely an abstract idea

by Steve Driskill | Aug 26, 2014 | [sub] Alice step one, Subject Matter Eligibility

Claims related to a kind of “organizing human activity” (e.g., minimizing security risks during bingo ticket purchases) that can be “carried out in existing computers long in use” and/or “done mentally” are likely directed to an abstract idea under the first prong of...

DIGITECH IMAGE TECHNOLOGIES v. ELECTRONICS FOR IMAGING, INC. (Fed. Cir. 2014) (P) – Manipulating existing information to generate additional information is not by itself patentable

by Steve Driskill | Jul 11, 2014 | [sub] Alice step one, Subject Matter Eligibility

“Without additional limitations, a process that employs mathematical algorithms to manipulate existing information to generate additional information is not patent eligible.” Tying the manipulation to an underlying data structure—even one that is technological in...

ALICE CORP. v. CLS BANK INT’L (S. Ct. 2014) (P) – Generic-computer-implemented (well-known) abstract ideas not patent-eligible

by Steve Driskill | Jun 19, 2014 | [sub] Alice step one, [sub] Alice step two, Subject Matter Eligibility

A wholly generic computer-implementation that does not “purport to improve the functioning of the computer itself” or “effect an improvement in any other technology or technical field” is insufficient to transform an abstract idea into a patent-eligible invention...

IN RE ROSLIN INSTITUTE (EDINBURGH) (Fed. Cir. 2014) (P) – Patent eligibility of cloned animals

by Steve Driskill | May 8, 2014 | [sub] biotech, Subject Matter Eligibility

In general, “clones” which are identical genetic copies of a cell, cell part, or organism are nonstatutory subject matter under 35 U.S.C. § 101, unless the claims “describe clones that have markedly different characteristics from the donor animals of which they are...