The U.S. Court of Appeals for the Federal Circuit (CAFC), in an opinion authored by Judge Chen, on Friday November 15 reversed a ruling of the District Court for the District of Delaware holding Koninklijke KPN N.V.’s (KPN’s) U.S. Patent No. 6,212,662 (the ‘662 patent) ineligible under Section 101. The patent covers a method that varies “check data” to reduce systematic errors in electronic transmissions. KPN sued Gemalto M2M GMBH (Gemalto) in the district court and Gemalto moved under Rule 12(c) for a judgment on the pleadings, arguing that claims 1-4 of the ‘662 patent were ineligible under 35 U.S.C § 101, which the district court granted. KPN appealed on claims 2-4, stating that they present “a non-abstract improvement in the functionality of an existing technological process and not simply an abstract idea of manipulating data.”
Federal Circuit Reverses District Court Finding that ‘Check Data’ Patent is Abstract
No Comments
Litigation
- Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
- CAFC Reverses In-Part, Vacates In-Part PTAB Finding of Patentability for Skin Cancer Detection Device
- UK Judge Backs Meghan Markle over Leaked Letter
- Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
- Should We Require Human Inventorship? Submit Your Amicus Brief by March
Recent Posts
- Other Barks & Bites for Friday, February 26: Tillis Tells Biden to Oppose Anti-IP Efforts at WTO; China Patent Commercialization Jumps 2.5x During 13th Five-Year Plan; Federal Circuit Finds U.S. Navy Liable for Copyright Infringement
- Sarah Boone: the ‘Ironing Table’, Perfected
- How to Safeguard AI Technology: Patents versus Trade Secrets
- Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
- CAFC Reverses In-Part, Vacates In-Part PTAB Finding of Patentability for Skin Cancer Detection Device