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Knobbe Martens

Voter Verified, Inc. v. Election Systems & Software LLC

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Federal Circuit Summaries - Before Newman, Lourie, and Reyna. Appeal from the United States District Court for the Northern District of Florida. Summary: Collateral estoppel does not apply to a prior decision of no...more

Knobbe Martens

Federal Circuit Invalidates Ameranth’s Menu Software Patents as Unpatentable Abstract Ideas

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The Federal Circuit’s recent decision in Apple, Inc. v. Ameranth, Inc. highlights the potential impact of characterization of recited features as conventional, routine, generic, or known in the field without further...more

Knobbe Martens

Federal Circuit Invalidates Synopsys’ Chip Design Patents as Unpatentable Abstract Ideas

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The Federal Circuit’s recent decision in Synopsys, Inc. v. Mentor Graphics Corp., Case No. 2015-1599 (Fed. Cir. Oct. 17, 2016), upholding the lower court’s grant of summary judgment of invalidity under § 101, may provide...more

Knobbe Martens

Federal Circuit Review | September 2016

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Claims Directed to Monitoring and Analyzing Data Held to Be Invalid under § 101 - In Electric Power Group, LLC v. Alstom S.A., Appeal No. 2015-1778, the Federal Circuit upheld the district court’s grant of summary...more

Knobbe Martens

Software Patent Eligibility: Preemption Gets Starring Role at the Federal Circuit

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The Supreme Court decision Alice Corp. v. CLS Bank, 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject matter eligibility and its exceptions. But after Alice, it appeared preemption’s...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit’s Application of Mayo Revives Biotech Patent

In Rapid Litig. Mgmt. Ltd v. CellzDirect, Inc., the Federal Circuit reversed a ruling of patent invalidity under Section 101, reviving a biotech patent to a method of preserving hepatocytes, liver cells, for medical use. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rapid Litigation Management Ltd. v. Cellzdirect, Inc. (Fed. Cir. 2016)

As we have had the occasion to say before regarding subject matter eligibility, "[o]ne swallow does not a summer make, nor one fine day . . . ," but the Federal Circuit may have engendered a glimmer of hope that it will once...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denies Certiorari in Sequenom v. Ariosa

The Supreme Court issued an order this morning denying certiorari in Sequenom, Inc. v. Ariosa Diagnostics, Inc. Patent Docs will provide more analysis of the Court's denial of certiorari in a subsequent post....more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Finds Software-Related Claims Patent Eligible in Enfish, LLC v. Microsoft Corp.

On May 12, 2016, the United States Court of Appeals for the Federal Circuit addressed the patent eligibility of software in Enfish, LLC v. Microsoft Corp., No. 2015-1244 (Fed. Cir. May 12, 2016), concluding that the claimed...more

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