News & Analysis as of

Mayo v. Prometheus

Visual Memory v. Nvidia – Configurability of memory system found to be a basis for patent-eligibility

by Knobbe Martens on

The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district court and held...more

Mayo at Five: Eligibility of Diagnostic Method Claims

by Fish & Richardson on

Just over five years ago, the Supreme Court began reshaping the concept of patent-eligible subject matter in the life sciences with its decision in Mayo v Prometheus. Decisions following Mayo – from the Supreme Court to the...more

Patentability of diagnostic methods and biomarkers in Australia and New Zealand

by FPA Patent Attorneys on

Australia and New Zealand remain fertile grounds for pursuing inventions related to diagnostics, as outlined below. As the patentability of diagnostics in jurisdictions like the US has become increasingly complex, we provide...more

Does Mayo Preclude the Patenting of Medical Diagnostics?

by Burns & Levinson LLP on

On August 4, 2017, the U.S. District Court in the District of Massachusetts found U.S. patent 7267820 (the ‘820 patent), owned by Athena Diagnostics, Inc., to be directed to non-patentable subject matter, and therefore...more

USPTO Report on Patent Eligible Subject Matter

by BakerHostetler on

On July 25, the USPTO published a new report titled “Patent Eligible Subject Matter: Report on Views and Recommendations From the Public.” The report attempts to synthesize public comments on the appropriate boundaries of...more

Easyweb v. Twitter and the Rise of the Non-Precedential Opinion

by Knobbe Martens on

In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to patent-ineligible subject matter....more

Prism Technologies LLC v. T-Mobile USA, Inc. (Fed. Cir. 2017)

An Obviousness Rejection in Patent-Eligibility Clothing? - In Mayo v. Prometheus, the Supreme Court wrote "[w]e recognize that, in evaluating the significance of additional steps, the § 101 patent-eligibility inquiry and,...more

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

We wrote earlier about the Supreme Court’s renewed interest in patent eligibility and seemingly unintended confusion between the patent eligibility requirements of 35 U.S.C. § 101 and the remaining patentability requirements...more

It Was Over Before the Fat Lady Sang; Collateral Estoppel Applies to Partial Summary Judgment under §101

In Intellectual Ventures I LLC v. Capital One Financial Corp., [2016-1077] (March 7, 2017), the Federal Circuit affirmed judgment that all claims of U.S. Patent Nos. 7,984,081 and 6,546,002 are ineligible under 35 U.S.C. §...more

Northern District of California Finds Claims Directed to Device Pairing Patent Eligible

by Knobbe Martens on

Is a patent directed to electronic communications between computing devices patent eligible? As with many legal questions, the answer to this question is not black and white. In the recent Fitbit, Inc. v. Aliphcom decision,...more

PTAB Puts Method Of Treatment Patents Under The 101 Knife

by Foley & Lardner LLP on

While the Supreme Court decisions in Myriad and Mayo have been applied to diagnostic-type claims, method of treatment patents were thought to be safe from the recent judicial expansion of the patent-(in)eligibility doctrine....more

Graphical User Interface Patent Claims Found Eligible

by Knobbe Martens on

The Federal Circuit recently found claims to a specialized graphical user interface (GUI) for trading financial securities eligible in Trading Technologies Int’l v. CQG, No. 2016-2016 (Fed. Cir. Jan. 18, 2017). The Federal...more

Where do we go from here? The evolving landscape of molecular diagnostics

by DLA Piper on

"Innovate or die." The adage has been in use for decades, but it holds true today. The world of molecular diagnostics is a rapidly evolving and competitive field. With the advancement in sequencing technologies and the scale...more

USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

by Fenwick & West LLP on

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing...more

A Compelling Invention Story May Support Patent-Eligibility

by Knobbe Martens on

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims. Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are...more

Determining Patent Eligibility Pre-Claim Construction May Be Premature

by Knobbe Martens on

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held...more

Federal Circuit Rules that Patents Directed to Collecting and Filtering Network Data Are Eligible, Further Refining Alice/Mayo...

by Brooks Kushman P.C. on

Amdocs (Israel) Ltd. v. Openet Telecom, Inc., No. 2015-1180 (Fed. Cir. Nov. 1, 2016) - In a recent case, the U.S. Court of Appeals for the Federal Circuit revisited the vexing problem of assessing patent eligibility...more

Federal Circuit Split On Specification's Role In Determining Patent Eligibility

by Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit recently reversed a district court ruling that four related software patents are patent ineligible under 35 U.S.C. §101, by considering the specification to determine that the...more

Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases

by Weintraub Tobin on

In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an...more

Motions for judgment on the pleadings based on section 101 are denied

by Morris James LLP on

The disputed technology relates to mobile phones and devices using the LTE standard. The patents claim improved functionality with faster wireless voice and data transmissions. Defendants argue that the patents-in-suit are...more

Federal Circuit Finds Three Intellectual Venture’s Patents Invalid under the Mayo/Alice Framework

by Knobbe Martens on

The Federal Circuit recently decided a case concerning three patents owned by Intellectual Ventures I LLC (“IV”). Intellectual Ventures I LLC v. Symantec Corp., Case Nos. 2015-1769, 2015-1770, 2015-1771 (Fed. Cir. Sept. 30,...more

A Silver Lining for Software Patents

by Hodgson Russ LLP on

Software patents play an important role in commercializing innovation in our increasingly digital world. The software inventions that scientists, developers, and engineers create are valuable and deserve protection. But since...more

Federal Circuit invalidates Affinity’s content-delivery patents for failing to disclose implementation of claimed functions

by Knobbe Martens on

The Federal Circuit recently decided two related cases concerning media content delivery patents1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible...more

The High Court Takes The High Road On Patent Eligibility - The Supreme Court Refuses To Consider Patents Invalidated Under The...

by Bracewell LLP on

The Supreme Court on October 3, 2016, denied certiorari in a number of patent cases, including four cases concerning subject matter eligibility in the wake of the Mayo and Alice decisions. The Mayo decision essentially held...more

Judge Mayer Finds that Section 101 Bars Patents on Software

In Intellectual Ventures v. Symantec, [2015-1769, 2015-1770, 2015-1771] (September 30, 2016), the Federal Circuit affirmed summary judgment that the asserted claims of the ‘050 and ‘142 patents were directed to ineligible...more

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