LENDINGTREE v. ZILLOW, INC. (Fed. Cir. 2016) (NP) – Merely facilitating a fundamental economic practice using generic technology is not sufficient for eligibility

Merely facilitating a fundamental economic practice using generic technology is not sufficient to render the claims patent eligible. Here, for example, using a generic computer to simultaneously display a plurality of positive credit decisions was found to be...

UNWIRED PLANET, LLC v. APPLE INC. (Fed. Cir. 2016) (P) – Descriptions only tangentially related to characterizing “the present invention” are not limiting per se

Descriptions that are only tangentially related to characterizations of “the present invention” should not be read as constituting a mandatory claim limitation to be read into the claims. Here, for example, a statement about the “present invention” in the first...

SHORTRIDGE v. FOUNDATION CONSTRUCTION (Fed. Cir. 2016) (NP) – Computer-implemented data processing achieving super-human results does not constitute an inventive concept

Computer-implemented data processing to achieve super-human results does not constitute an inventive concept under Alice/Mayo step two. Here, for example, a computer-implemented business method for processing certified payroll records was found to lack an inventive...

MEDICINES COMPANY v. HOSPIRA, INC. (Fed. Cir. 2016) (P, en banc) – Manufacturing services by a supplier does not trigger an on sale bar under 35 U.S.C. § 102(b)

The mere sale of manufacturing services by a contract manufacturer to an inventor to create embodiments of a patented product for the inventor does not constitute a “commercial sale” of the invention. Here, for example, no on sale bar was found to be triggered by the...