Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

Contact  |  View Bio  |  RSS

Latest Posts › Patent-Eligible Subject Matter

Share:

Having A Bad Hair Day? The Federal Circuit Agrees That Method Of Cutting Hair Is Invalid Under 101

While I do not usually write about non-precedential decisions, In re: Brown caught my eye as an interesting patent eligibility case. It does not relate to diagnostics or computer programs, but rather to the art of cutting...more

5/2/2016 - Abstract Ideas CLS Bank v Alice Corp Mayo v. Prometheus Patent Applications Patent Invalidity Patent Litigation Patent-Eligible Subject Matter

Will The Celsis Appeal Put An End To 101 Rejections Of Laboratory Method Claims?

On April 5, 2016, the Federal Circuit heard oral arguments in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., where the U.S. District Court for the Northern District of Illinois held invalid claims directed to a “method of...more

4/29/2016 - Appeals CLS Bank v Alice Corp Mayo v. Prometheus Method Claims Patent Invalidity Patent Litigation Patent-Eligible Subject Matter SCOTUS USPTO

Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility

Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that use “junk DNA” to detect genetic variations lack patent eligibility under 35...more

4/12/2016 - Biotechnology CLS Bank v Alice Corp Corporate Counsel Diagnostic Method DNA Federal Rule 12(b)(6) Genetic Technologies Ltd. Machine-or-Transformation Test Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter SCOTUS

Sequenom Throws Diagnostic Method Patents At The Mercy Of The Supreme Court

It comes as no surprise that Sequenom has filed a petition for certiorari to the Supreme Court, asking the Court to review the Federal Circuit decision that upheld the district court decision that held its diagnostic method...more

3/28/2016 - Diagnostic Method Mayo v. Prometheus Method Claims Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Petition for Writ of Certiorari SCOTUS Section 101 Sequenom

District Court Invalidates Cleveland Clinic Diagnostic Patents On Motion To Dismiss

Judge Gaughan of the U.S. District Court for the Northern District of Ohio granted the defendant’s motion to dismiss after finding three Cleveland Clinic Foundation diagnostic patents invalid under 35 USC § 101. While the...more

3/3/2016 - AMP v Myriad Biotechnology CLS Bank v Alice Corp Diagnostic Method Patent Invalidity Patent Litigation Patent-Eligible Subject Matter SCOTUS Sequenom

Australian Patent Office Provides Patent Eligibility Guidance

The Australian Patent Office (IP Australia) has issued final patent eligibility guidance under the Australian High Court’s decision in D’Arcy v. Myriad Genetics, Inc. Where the USPTO extrapolated from the U.S. Supreme Court...more

12/17/2015 - Australia Australian Patent Office Myriad Patent Litigation Patent-Eligible Subject Matter Pharmaceutical Patents

Judge Lourie Suggests Jepson Claims For Patent Eligibility

As reported previously, the Federal Circuit has denied rehearing in Ariosa Diagnostics, Inc. v. Sequenom, Inc. I wrote about Judge ‘Dyk’s opinion concurring in the denial but offering alternative views on patent eligibility...more

12/8/2015 - Abstract Ideas Diagnostic Method Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Petition For Rehearing SCOTUS Sequenom

Judge Dyk Would Add Reduction To Practice To Patent Eligibility Requirement

As noted in a previous article, the Federal Circuit has denied rehearing in Ariosa Diagnostics, Inc. v. Sequenom, Inc.. The per curiam order was accompanied by two separate concurring opinions, one authored by Judge Lourie...more

12/5/2015 - CLS Bank v Alice Corp Life Sciences Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Reduction to Practice Scope of the Claim SCOTUS Sequenom

Federal Circuit Denies Rehearing In Sequenom

The Federal Circuit has denied the petition for rehearing en banc in Ariosa Diagnostics, Inc. v. Sequenom, Inc., despite the filing of twelve amicus briefs in support of the petition, including briefs filed by Biotechnology...more

12/4/2015 - En Banc Review Patent Litigation Patent-Eligible Subject Matter Petition For Rehearing Pharmaceutical Patents Sequenom

Australia High Court Rules Against Gene Patents

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

10/9/2015 - AMP v Myriad Australia Biotechnology Chilling Effect Genetic Materials Innovation Mayo v. Prometheus Monopolization Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Popular Scope of the Claim SCOTUS USPTO

Sequenom Seeks Rehearing En Banc

Sequenom, Inc. has filed a petition for rehearing en banc of the Federal Circuit decision that held its diagnostic method claims invalid under 35 USC § 101. (You can read my synopsis of that decision here). Stakeholders in...more

8/18/2015 - En Banc Review Mayo v. Prometheus Myriad Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Section 101 Sequenom

Federal Circuit Answers Questions About Covered Business Method Review Proceedings

In Versata Development Group, Inc. v. SAP America, Inc., the Federal Circuit outlined the permitted extent of judicial review of Covered Business Method (CBM) patent review proceedings conducted by the USPTO Patent Trial and...more

7/23/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction Covered Business Method Patents Covered Business Method Proceedings Judicial Review Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents USPTO

Federal Circuit Reverses Unreasonable PTAB Claim Construction, Upholds Idle Free Standard for Motions to Amend

The Federal Circuit decision in Microsoft Corp. v. Proxyconn, Inc., addressed several important issues relating to post-grant patent trials conducted by the USPTO Patent Trial and Appeal Board (PTAB), including the PTAB’s...more

6/24/2015 - Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Microsoft Motion to Amend Patent Invalidity Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Post-Grant Review Remand USPTO

Federal Circuit Holds Sequenom Diagnostic Method Patent Invalid Under 101

On Friday, June 12, 2015, the Federal Circuit issued its decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc., affirming the district court's finding that Sequenom’s claims are invalid under 35 USC § 101. The court's...more

6/15/2015 - Diagnostic Method Inventions Mayo v. Prometheus Myriad Patent Applications Patent Infringement Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Personalized Medicine Preemption Preliminary Injunctions Sequenom Summary Judgment

Another Sequenom Patent Appeal Heads to the Federal Circuit

While Sequenom’s appeal of the district court’s summary judgment of invalidity of U.S. Patent 6,258,540 under 35 USC § 101 has been pending at the Federal Circuit, the USPTO has been considering the validity of the patent...more

6/3/2015 - Appeals DNA Inter Partes Review Proceedings Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Sequenom

Waiting on Sequenom

As I write this there’s a voice in my head saying, “Be careful what you wish for!” but it has been five months since Sequenom was argued at the Federal Circuit, and the court has yet to issue its decision. In the meantime,...more

4/8/2015 - Diagnostic Method Healthcare Interim Guidance Patent-Eligible Subject Matter Patents Personalized Medicine Sequenom USPTO

Validity of Sequenom Patent Still to Be Decided

Although Sequenom has settled its dispute over U.S. Patent 6,258,540 with some parties, its case against Ariosa Diagnostics, Inc. remains active. Thus, we all should be waiting with bated breath to see whether the Federal...more

1/28/2015 - DNA Myriad Patent Litigation Patent-Eligible Subject Matter Patents Sequenom

Can Any DNA Claims Still Be Patented?

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit invalidated Myriad’s primer claims and detection method claims under 35 USC §...more

1/22/2015 - DNA Genetic Materials Interim Guidance Myriad Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS USPTO

Five Things You Need to Know About the USPTO Interim Guidelines on 101

The USPTO issued interim guidelines on 101 (“Interim Guidance”) on December 15, 2014. We summarized the Interim Guidance in this post, and now highlight five things practitioners and stakeholders need to know as they consider...more

1/15/2015 - Interim Guidance Myriad Patent-Eligible Subject Matter Patents Section 101 USPTO

Federal Circuit Invalidates Myriad Primer and Method Claims as Lacking Subject Matter Eligibility

In a case styled as In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation (also known as Myriad v. Ambry), the Federal Circuit held four of Myriad’s “primer” claims and two of Myriad’s detection method claims...more

12/19/2014 - DNA Genetic Materials Guidance Update Myriad v Ambry Patent Litigation Patent-Eligible Subject Matter Patents Section 101 USTPO

USPTO Finally Issues New Guidance On Patent Subject Matter Eligibility

The USPTO has issued new “Interim Guidance” for determining whether claims are eligible for patenting under 35 USC § 101. Although the new guidance technically applies to all technologies and all types of claims, Applicants...more

12/17/2014 - Functional Equivalent Patent-Eligible Subject Matter Patents USPTO

USPTO Issues Long-Awaited Revised Guidance on Patent Eligibility

The USPTO has issued new “interim” guidance for determining whether claims are eligible for patenting under 35 USC 35 U.S.C. § 101. Assuming the guidance document is published in the December 16, 2014 Federal Register, it...more

12/16/2014 - Guidance Update Patent-Eligible Subject Matter Patents USPTO

The USPTO Is Off-Key With International Patent Law Harmonization

As a leader in science, technology and innovation, the United States long has played a central role in global intellectual property matters. As the world’s largest economy, the United States has played a central role in trade...more

11/20/2014 - America Invents Act International Harmonization International Searching Authority Patent Cooperation Treaty Patent-Eligible Subject Matter Patents Prior Art TRIPS Agreement USPTO

Third Time Is the Charm for WildTangent Challenge of Patent Eligibility of Ultramercial Patent

In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more

11/18/2014 - CLS Bank v Alice Corp Copyright Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patent-in-Suit Patents Section 101 Software

District Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss

Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that...more

11/7/2014 - Genetic Materials Genetic Technologies Ltd. Motion to Dismiss Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Section 101

52 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×