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Patent-Eligible Subject Matter › Octane Fitness v. ICON

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 -
Knobbe Martens

District Court Awards Attorney’s Fees after Holding That Plaintiff Had Repeatedly Sought to Avoid a Section 101 Ruling

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In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to recover attorney fees and costs...more

Wilson Sonsini Goodrich & Rosati

2016 Patent Litigation Year in Review

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Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Patent Litigation Year in Review. WSGR’s patent litigation practice is nationwide in scope and has received national recognition in recent years, with our...more

Mintz - Intellectual Property Viewpoints

Judge Gilstrap awards Section 285 fees where Plaintiff’s Section 101 positions cross the “threshold of exceptionality.”

Mintz - Intellectual Property Viewpoints on

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on...more

McDonnell Boehnen Hulbert & Berghoff LLP

eDekka LLC v. 3balls.com, Inc. (E.D. Tex. 2015)

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As 2015 drew to a close, the toll of the Alice Corp. v. CLS Bank Int'l decision on software and business method patents became apparent. Post Alice, approximately 70% of all patents challenged under 35 U.S.C. § 101 have been...more

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

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Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

Knobbe Martens

The U.S. Supreme Court’s Increasing Involvement In Patent Law

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In 1982, the U.S. congress formed a new specialised appeals court, the Court of Appeals for the Federal Circuit, or “CAFC,” and transferred responsibility for patent appeals from the various regional courts of appeal to this...more

Fenwick & West LLP

Octane Fitness and Patent Eligibility

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The Supreme Court’s decision in the patent fee shifting case, Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184, has literally nothing to do with patent eligibility. However, it does demonstrate an approach to...more

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