Integrated Technology Solutions, LLC ("ITS") alleged that products manufactured and distributed by iRacing.com Motorsport Simulations, LLC ("iRacing") infringed on U.S. Patent 10,046,241. iRacing moved to dismiss, arguing that the ‘241 patent was invalid under 35 U.S.C Section 101.
Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter.
Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites.
United States
It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject matter eligibility with an eye towards succeeding in patenting domestically and internationally.
In the U.S., computer-implemented inventions such as software and business methods are patentable, yet hurdles abound. When assessing the eligibility of software and business method patents, the U.S. Patent and Trademark Office applies the two step framework of Mayo and Alice.[1] If an invention is determined to be “abstract” in Step 1, it is often a fatal determination unless the Applicant can show “something more,” at Step 2, that transforms the abstract idea into patent eligible subject matter. Many software based inventions and business methods may be determined as “abstract” at Step 1, therefore practitioners must be prepared to
To embed, copy and paste the code into your website or blog: Note: this post contains information from an ongoing quantitative analysis study of the Western District of Texas, Waco Division. Watch this blog for further updates.
Waco is famous for a few things: Baylor University (Congrats on the Championship!), the HGTV series Fixer Upper with Chip and Joanna Gaines, and the Branch Davidians. But Waco is now known – at least in IP circles – as the epicenter of patent litigation. The reasons are many, but center on Judge Alan D. Albright and the efficient system he has quickly established.
On September 18, 2018, Judge Albright was sworn in as United States District Judge of the United States District Court for the Western District of Texas, Waco Division. Albright, who practiced as a patent litigator for over 30 years, mainly on the defense side, also served as a U.S. Magistrate Judge for the Western District of Texas from 1992 to 1999. He served as a law clerk to Jud