On May 6, 2021 from 12:00 p.m. – 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (IPLAC) is hosting a panel discussion focusing on topics related to Section 101. A selection of topics will be discussed. The panel is being moderated by A. Christal Sheppard Professor, University of Nebraska College of Law, Distinguished
Rule 12 101 Patentability Determination is Appropriate Where Claims & Specification Raised No Factual Inventiveness Issues
By R. David Donoghue on
Posted in Pleading Requirements
Checksum Ventures, LLC v. Dell Inc., No. 18 C 6321, Slip Op. (N.D. Ill. Sep. 30, 2019) (Dow, J.).
Judge Dow granted defendant Dell’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Checksum’s patent as invalid as unpatentable pursuant to 35 U.S.C. Section 101, with leave to amend in this patent dispute regarding…
Dog Tug Toy Withstands Section 101 Challenge
By R. David Donoghue on
Posted in Pleading Requirements
This is a cross-post written by my partner Anthony Fuga from Holland & Knight’s Section 101 Blog. I am cross-posting because Anthony’s post is about a Judge Durkin 101 opinion in FYF-JB, LLC v. Pet Factory, Inc., No. 19cv2608 (N.D. Ill.). I am also posting it because Anthony’s 101 analysis at the Section…
RPX: The Berkheimer/Aatrix Effect is Real
By R. David Donoghue on
Posted in Legal News
My partner Anthony Fuga is providing excellent analysis on the latest Section 101 cases and issues at the Holland & Knight Section 101 Blog, which he edits and does a substantial amount of the writing for. His latest post provides valuable insight into how district courts are approaching Section 101 cases since the Federal…
Patent’s Description of Technological Solutions to Prior Art Problems Overcomes Early §101 Invalidity
By R. David Donoghue on
Posted in Pleading Requirements
Upaid Sys., Ltd. v. Card Concepts, Inc., No. 17 C 8150, Slip Op. (N.D. Ill. Mar. 25, 2019) (Feinerman, J.).
Judge Feinerman denied defendant Card Concepts’ (CCI) Fed. R. Civ. P. motion for judgment on the pleadings that the patent claims are invalid as unpatentable subject matter pursuant to §101 in this patent case…
Liquid Cannabis Patent Survives Section 101 Challenge
By Anthony Fuga on
Posted in Legal News
The U.S. District Court for the District of Colorado on April 17, 2019, upheld United Cannabis Corp.’s (UCANN) patent claims concerning a liquid cannabinoid formulation, “wherein at least 95% of the total cannabinoids is a specified cannabinoid or combination of them.”1
Pure Hemp…
Cursory Arguments Cannot Support Summary Judgment
By R. David Donoghue on
Posted in Summary Judgment
Lecat’s Ventriloscope v. MT Tool & Mfg., No. 16 C 5298, Slip Op. (N.D. Ill. Nov. 20, 2018) (Castillo, C.J.).
Chief Judge Castillo granted in part each parties’ cross-motion for summary judgment in this patent case involving a training system for ausculation – the act of listening to sounds within the body to diagnose…
Patent Reform: New Bipartisan Framework for Section 101 Eligibility Introduced in Congress
By Anthony Fuga on
Posted in Legal News
Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform. The framework, released last week, is short – only one page – but the intent is clear: temper the Section 101-based rejections…
Creation of Television Channel Guides Unpatentable Pursuant to §101
By R. David Donoghue on
Posted in Pleading Requirements
Tech. Dev. & Licensing, LLC v. General Instr. Corp., No. 07 C 4512, Slip Op. (N.D. Ill. Dec. 6, 2016) (Lefkow, J.).
Judge Lefkow granted defendant GI’s motion for summary judgment of invalidity based upon 35 U.S.C. §101 and denied as moot GI’s motion to exclude plaintiff TD&L’s expert’s opinions in this patent dispute…
Attorney’s Fees Denied After Early §101 Invalidity Decision
By R. David Donoghue on
Posted in Damages, Local Rules
O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.).
Judge Tharp denied prevailing defendant Narrative Science’s 35 U.S.C. §285 motion to make exceptional and for attorney’s fees in this patent dispute after granting Narrative Science’s motion to dismiss which held plaintiff O2 Media’s…