Patent-Eligible Subject Matter

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
News & Analysis as of

Federal Circuit Invalidates Claim to Generating “Financial Risk” Reports

In the recent decision of Clarilogic v. Formfree Holdings, the Federal Circuit invalidated the patentee’s (Formfree) claim to a “computer-implemented method for providing certified financial data indicating financial risk...more

Federal Circuit Limits Scope of Covered Business Method Review

The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method Patents, or CBM review, in Secure Axcess, LLC v. PNC Bank National Association. In clarifying what...more

Uber’s Section 101 Motion to Dismiss Defeated by “Inventive” Ordered Combination

Order Denying Defendant’s Motion to Dismiss, X One, Inc. v. Uber Technologies, Inc., Case No. 16-CV-06050-LHK (Judge Lucy H. Koh) - Uber Technologies, the transportation network giant, recently lost a motion to dismiss a...more

Oh Diehr Me, Another Case With Patent Eligible Subject Matter

In Thales Visionix, Inc., v. U.S., [2015-5150] (March 8, 2017), the Federal Circuit reversed the U.S. Court of Federal Claims (“Claims Court”) determination that the claims of U.S. Patent No. 6,474,159 were directed to patent...more

AliceStorm Update February 2017

As many of my readers noticed, I didn't publish any of my own blogs in January and February. As it turned out, I suffered from a peculiar form of seasonal affective disorder (SAD), what I would call SMIAD: Subject Matter...more

State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope,...

Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney, P.C., 2017 WL 519314 (Fla. 2017) - Brief Summary - A Florida appellate court held that the trial court lacked jurisdiction over a legal malpractice action that...more

2016 – a year at a glance

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the...more

Pharmaceuticals in South East Asia

1. Are methods of medical treatment patentable? 2. Is extension of patent term possible? 3. Is there a data exclusivity period?...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

Federal Circuit Appears to Narrow the Exceptions to 35 U.S.C. § 101

Unquestionably, the narrower a patent’s claims, the more likely they are to pass muster under 35 U.S.C. § 101. But if you have an invention with broad applicability, how broadly can you claim it without running into...more

Intellectual Ventures LLC v. Semantic Corporation and Veritas Technologies LLC (D. Del. 2017)

Patent Directed to System for Remote Mirroring of Digital Data Found Invalid under Section 101 - Intellectual Ventures brought a patent-infringement suit against Symantec Corpo. and Veritas Technologies asserting that...more

Thales Visionix Inc. v. U.S. (Fed. Cir. 2017)

Federal Circuit Finds Motion Tracking System to be Patent-Eligible - After the dark days of 2014 and 2015, in which exactly one Federal Circuit decision out of over twenty 35 U.S.C. § 101 challenges was found to meet the...more

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

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

Don’t Take Your Eye Off the Ball or Your Patent Assignment Will End Up in the Dirt

In Intellectual Ventures I LLC v. Erie Indemnity Company, [2016-1128, 2016-1132] (March 7, 2017), the Federal Circuit affirmed in part, vacated in part, and remanded in part the district court’s decision finding all claims of...more

Improved Computer Functionality Argument Fails 101 Eligibility Test in Evolutionary Intelligence

Not all abstract ideas fall under the scrutiny of 35 USC 101. Over the past year, the CAFC has chipped away at the granite façade that is 35 USC 101 issuing several opinions finding abstract ideas to be patent eligible under...more

Patent Claims, Not Embodiments Disclosed in Specification or Litigation Strategy, Determine Eligibility for Covered Business...

A divided Federal Circuit panel recently vacated a Patent Trial and Appeal Board final decision ruling that challenged patent claims were unpatentable, by holding that the patent was not eligible for review under the...more

PTAB Puts Method Of Treatment Patents Under The 101 Knife

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

PTAB Finds Patent Eligibility in a CBM Proceeding, With a Dissent Challenging the Federal Circuit

In a final written decision, the PTAB found all challenged claims patent-eligible in Tradestation Group, Inc. v. Trading Tech. Int’l, Inc., CBM2015-00161, Paper 129 (P.TA.B. Feb. 17, 2017), an uncommon result in a CBM...more

Electronic Trading Claims Are Patent Eligible

The US Court of Appeals for the Federal Circuit affirmed a district court’s holding that claims directed to electronic trading are patent eligible. Trading Tech. Int’l, Inc. v. CQG, Inc., Case No. 16-1616 (Fed. Cir., Jan. 18,...more

"He Ain't Heavy, He's My Brother" - Patents directed to deuterium modified drugs

In this the fourth instalment of our series of articles looking at the hot topic of the patenting of radiopharmaceuticals, we are taking a small side-step away from the radioactive isotopes to look at the area of deuterated...more

Federal Circuit Clarifies Scope of Covered Business Method Review

The Federal Circuit has further clarified the scope of the covered business method (CBM) review program under the America Invents Act (AIA), explaining in Secure Axcess, LLC. v. PNC Bank National Association that in order for...more

Myriad, Mayo, Chakrabarty, Oh My: Strategies for Life Sciences Diagnostics – Part I

Patent eligibility is a balancing act; the Supreme Court explained in Mayo that “too broad an interpretation of this exclusionary principle could eviscerate patent law. For all inventions at some level embody, use, reflect,...more

News from Abroad -- Swiss-style Patent Claims Can Be Very Valuable in Australia

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on...more

Fitbit, Inc. v. AliphCom (N.D. Cal. 2017)

Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible - In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a...more

Stating Problems that the Claimed Invention is Trying to Solve Appears helpful to Vindicate Patent Eligibility

In Trading Technologies International, Inc. v. CQG, Inc. et al., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s holding of patent eligibility with regard to...more

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