Jonathan Alan. Leblang

17 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,412 times   520 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation
  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 801 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility
  3. BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC

    827 F.3d 1341 (Fed. Cir. 2016)   Cited 475 times   56 Legal Analyses
    Holding claims eligible at step two because the claims recited a "technical improvement over prior art ways of filtering ... content" that "improve the performance of the computer system itself"
  4. McRo, Inc. v. Bandai Namco Games Am. Inc.

    837 F.3d 1299 (Fed. Cir. 2016)   Cited 377 times   67 Legal Analyses
    Holding that using "unconventional rules that relate to sub-sequences of phonemes, timings, and morph weight sets, is not directed to an abstract idea"
  5. Intellectual Ventures I LLC v. Capital One Bank (USA)

    792 F.3d 1363 (Fed. Cir. 2015)   Cited 322 times   13 Legal Analyses
    Holding "tailoring information based on [provided] data" is an abstract idea
  6. Affinity Labs of Tex., LLC v. Directv, LLC

    838 F.3d 1253 (Fed. Cir. 2016)   Cited 286 times   11 Legal Analyses
    Holding that "providing out-of-region access to regional broadcast content is an abstract idea" because it comprises "information distribution that is untethered to any specific or concrete [implementation]"
  7. Buysafe, Inc. v. Google, Inc.

    765 F.3d 1350 (Fed. Cir. 2014)   Cited 269 times   24 Legal Analyses
    Holding that claims "squarely about creating a contractual relationship" drew on idea of "ancient lineage," even where dependent claims "narrow[ed] to particular types of such relationships"
  8. Visual Memory LLC v. NVIDIA Corp.

    867 F.3d 1253 (Fed. Cir. 2017)   Cited 132 times   19 Legal Analyses
    Holding that all factual inferences drawn from the specification must be weighed in favor of non-moving party
  9. Affinity Labs of Tex., LLC v. Amazon.com Inc.

    838 F.3d 1266 (Fed. Cir. 2016)   Cited 114 times   7 Legal Analyses
    Holding that in Alice step one, "it is often helpful to ask whether the claims are directed to an improvement in the functioning of a computer, or merely adding conventional computer component to well-known business practices," with the latter being abstract
  10. Inventor Holdings, LLC v. Bed Bath & Beyond, Inc.

    876 F.3d 1372 (Fed. Cir. 2017)   Cited 30 times   2 Legal Analyses
    Finding "idea that a customer may pay for items ordered from a remote seller at a third-party's local establishment" to be "the type of fundamental business practice that, when implemented using generic computer technology, is not patent-eligible"
  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,487 times   2271 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
  12. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"
  13. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  14. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well
  15. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)