The Federal Circuit Reverses and Vacates the District Court’s Dismissal Under Rule 12(b)(6), for not Considering Allegations of Fact That Could Preclude Dismissal

AATRIX SOFTWARE, INC. v. GREEN SHADES SOFTWARE, INC.: February 14, 2018.  Before Moore, Reyna, and Taranto. Takeaway: Claims that focus on software innovations will generally be treated as a system claims. At the Rule 12(b)(6) stage, allegations of fact that are directed to the inventive concepts in the claimed invention …

The Federal Circuit Reverses and Vacates Invalidity Determinations by the Board After Lack of Substantial Evidence Supported the Board’s Findings

IN RE: HODGES: February 12, 2018.  Before Lourie, O’Malley, and Wallach. Takeaway: While the “broadest reasonable interpretation” standard is broad, it does not give the Board an unfettered license to interpret the words in a claim without regard for the full claim language and the written description. The Board must …

Patents for Real Estate Searching on a Computer Are Invalid Under Section 101

MOVE, INC. v. REAL ESTATE ALLIANCE Ltd., case no. 2017-1463, Feb. 1, 2018.  Before Lourie, Wallach, and Stoll (nonprecedential) Takeaways: Under Alice step one, a claimed method “for collecting and organizing information about available real estate properties and displaying this information on a digital map that can be manipulated by …

Ford Succeeds In Invalidating More Claims Of Two Paice’s Patents Related To Hybrid Vehicles

PAICE LLC v. FORD MOTOR CO., case nos. 2017-1263, 2017-1264, 2017-1308, 2017-1309, 2017-1310, 2017-1311, Feb. 1, 2018.  Before Lourie, O’Malley (dissenting), and Taranto (nonprecedential) Takeaways: Substantial evidence supported a finding that method claims for controlling a hybrid vehicle comprising torque-based comparisons were obvious in view of the express disclosure of …

Ford Succeeds In Invalidating Some, But Not All, Claims Of Two Paice’s Patents Related To Hybrid Vehicles

PAICE LLC V. FORD MOTOR CO., case nos. 2017-1387, 2017-1388, 2017-1390, 2017-1457, 2017-1458, Feb. 1, 2018.  Before Lourie, O’Malley and Taranto Takeaways: Chenery (Securities & Exchange Commission v. Chenery Corp., 318 U.S. 80 (1943)) requires that administrative agencies provide a reasoned basis for their decisions.  In the context of post-grant …