Federal Circuit Patent Watch: Patent Claims Found To Lack Patentable Subject Matter Because They Used “Functional Language, At A High Level Of Generality And Divorced From Any Computer Technology” – Patent


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Precedential Federal Circuit Viewpoints
1. Nature SIMULATION
Systems INC. v. AUTODESK, INC. [OPINION] (2020-2257,
10/17/2022) (Newman, Lourie, and Dyk)
Newman, J. The Courtroom reversed a
district courtroom judgment that the asserted patent promises ended up
invalid as indefinite. The Courtroom held that “the district court
erred on the legal normal for assert indefiniteness, and that on
the correct common the promises are not indefinite.” The Court docket
spelled out that the claimed topic subject was an enhancement on
certain known solutions and “partakes of recognised usages for these
proven systems.” The Court docket concluded that the
standard techniques referenced in the patent were being “sufficiently
very well proven in the art” that the statements were not
indefinite.
2. IBM v. ZILLOW Team,
INC. [OPINION] (2021-2350, 10/17/2022) (Reyna, Hughes, and
Stoll)
Hughes, J. The Court affirmed a
district court’s judgment on the pleadings that two patents
ended up invalid mainly because they claimed summary strategies that are
ineligible for patenting less than 35 U.S.C. § 101. With regard
to the initial patent, the Court stated that the claims are
directed to the abstract techniques of “presenting a map, getting a
consumer decide on a portion of that map, and then synchronizing the map
and its corresponding listing to show a a lot more confined facts set to
the consumer.” In addition, the Court docket discovered that the claims do not
include any creative concept to the abstract notion due to the fact the claim
“limits use purposeful language, at a higher level of
generality and divorced from any personal computer engineering, to recite the
claimed functions.” With regard to the next patent, the
Court held that the statements are “directed to the summary thought
of organizing and exhibiting visual data.” The Courtroom
also concluded that the promises do not increase any inventive notion to
the summary concept because the promises “basically utilized
nicely-understood, program, or conventional technologies (a
basic-purpose computer) to extra rapidly resolve the difficulty of
layering and exhibiting visible details.”
3. FINJAN LLC v. ESET, LLC
[OPINION] (2021-2093, 11/01/2022) (Prost, Reyna, and
Taranto)
Reyna, J. The Courtroom
reversed-in-element, vacated-in-section, and remanded the district
court’s summary judgment of invalidity for selected patents
“directed to programs and solutions for detecting personal computer
viruses in a ‘Downloadable’ by means of a safety
profile.” The district courtroom had observed the patents invalid as
indefinite centered on its construction of the declare time period
“Downloadable.” The Courtroom reversed the district
court’s assert construction and vacated its indefiniteness
determination, concluding that the time period “Downloadable” as
utilised in the asserted patents usually means: “an executable or
interpretable software system, which is downloaded from a
resource pc and run on the vacation spot computer.”
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