By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It also demonstrated what we already know — courts have been inconsistent in their application of the Alice/Mayo test. Nevertheless, this
Patent Litigation
Fishing for Eligibility in Murky Waters
By Stephanie D. Scruggs on
Last week, the Federal Circuit decided that claims related to a method of fishing that involved evaluating the water to be fished were not patent-eligible under 35 U.S.C. § 101. It is a bit of a head scratcher as to why this opinion is deemed precedential — the eligibility analysis employed here under the Alice/Mayo…
Federal District Court Finds Claims Directed to Dog Chew Toy Patent Eligible
By Ryan J. Letson on
Few subjects have drawn as much interest among patent stakeholders and practitioners as understanding the framework used to determine a patent claim’s eligibility. Courts continue to address different factual situations in applying the two-step test for patent eligibility under 35 USC § 101 that the Supreme Court set out in Alice Corp. Pty. Ltd. V.