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Patent-Eligible Subject Matter Patents

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 -

Federal Circuit Finds Improvement to Computer Memory Systems is Patent Eligible, and Not an “Abstract Idea” Under Alice, reversing...

by Saul Ewing LLP on

On August 15, 2017, the Federal Circuit issued a decision in Visual Memory LLC v. NVIDIA Corp. that provides a favorable decision applicants and patentees can rely upon in seeking to obtain and defend patent claims directed...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

Athena Diagnostics, Inc. v. Mayo (D. Mass., August 4, 2017) – “That’s all,” She Wrote.

Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody...more

Federal Circuit Review - July 2017

by Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Cleveland Clinic Foundation v. True Health Diagnostics, LLC (E.D. Va. 2017)

District Court Finds Method of Detecting Claim to Be Directed to Patent Ineligible Subject Matter - Earlier this month, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, District Judge Leonie M. Brinkema of...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101. In Georgetown Rail v. Holland, the...more

Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible

by Brooks Kushman P.C. on

Visual Memory LLC v. NVIDIA Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017)- The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the...more

Visual Memory v. NVIDIA: The Importance of a Robust Written Description

by BakerHostetler on

In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter. Instead, the court ruled that...more

Clarity in §101: Half of the Judges Considering the Question Find Plaintiff’s Computer Memory System to be Patentable Subject...

In Visual Memory LLC v. NVIDIA Corp., [2016-2254] (August 15, 2017), the Federal Circuit reversed the district court’s determination that Visual Memory’s U.S. Patent No. 5,953,740, on a memory system with programmable...more

MiMedx Group, Inc. v. Liventa Bioscience, Inc. (N.D. Ga. 2017)

In the general chaos that has resulted from the Supreme Court's recent forays into trying to delineate the proper standards for patent subject matter eligibility (AMP v. Myriad Genetics, Mayo Collaborative Labs v....more

Medical Diagnostic Patents Found to Claim Patent Ineligible Subject Matter—Motions to Dismiss Granted

by Locke Lord LLP on

On August 4, 2017, a pair of decisions reaffirmed that claimed methods which apply routine and conventional techniques to a law of nature are invalid and do not satisfy the “inventive concept” step of the patent eligibility...more

Visual Memory LLC v. NVIDIA Corp. (Fed. Cir. 2017)

When considering the patent-eligibility of claims, size usually matters. Claims that are longer and recite more detailed inventions tend to be more likely to survive 35 U.S.C. § 101 challenges than those that are shorter and...more

District Court Finding of Ineligible Subject Matter Reversed in VISUAL MEMORY LLC v. NVIDIA CORPORATION August 15, 2017

In VISUAL MEMORY LLC v. NVIDIA CORPORATION, dated August 15, 2017, the Federal Circuit found an improved memory system to be patent eligible under 35 U.S.C. Sec. 101, despite the fact that the improvement resides at least in...more

A Look At The USPTO Patent Eligible Subject Matter Report

by Foley & Lardner LLP on

On July 24, 2017, the USPTO issued a 48-page report on Patent Eligible Subject Matter. The report summarizes key court decisions interpreting and applying 35 USC § 101, international views on eligible subject matter, and...more

Athena Diagnostics v. Mayo – Finessing the Correlations Trap?

In The Cleveland Clinic Foundation v. True Health Diagnostics, the Fed. Cir. panel held that a claim to a diagnostic method for determining a test subject’s risk for atherosclerotic cardiovascular disease (CD) by comparing...more

Testing a Patent Claim against an Abstract Idea, in Response to 35 USC §101 Rejection

USPTO (United States Patent and Trademark Office) rejection of a patent claim, alleging the claim is not significantly more than an abstract idea under 35 USC §101, is a frequent and often frustrating occurrence during patent...more

Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (D. Mass. 2017)

District Court Finds Diagnostic Claims to Be Directed to Patent Ineligible Subject Matter - Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, District Judge Indira Talwani of the U.S. District...more

PTAB Grants Rare Motion To Amend Patent Claim After Federal Circuit Remand

by Jones Day on

Last year, the Federal Circuit vacated the Board’s original decision denying the patent owner’s motion to amend two claims in IPR2014-00090, holding that the Board erred by “insist[ing] that the patent owner discuss whether...more

Power Analytics Corp. v. Operation Technology, Inc. (C.D. Cal. 2017)

Interpreting Real-Time Sensory Data from Electrical System Found to Be Abstract Idea and Patent Ineligible - Power Analytics Corp. sued Operation Technology in the U.S. District Court for the Central District of California...more

PTAB Grants Contingent Motion to Amend on Remand from Federal Circuit

On July 17, 2017, the Patent and Trial Appeal Board (the “Board”) granted in-part, Patent Owner’s conditional motion to amend on remand from an appeal to the Federal Circuit. In a final written decision issued in April 2015,...more

What To Expect in the Future with the STRONGER Patents Act of 2017

by Brinks Gilson & Lione on

In late June 2017, Sen. Chris Coons (D-DE), Sen. Tom Cotton (R-AR), Sen. Dick Durbin (D-IL) and Sen. Mazie Hirono (D-HI) co-sponsored and introduced in the U.S. Senate the Support Technology and Research for Our Nation’s...more

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

by Knobbe Martens on

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

Automation of Manual Process Is Not a Patentable Improvement

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found a software patent directed to automating previously manual processing of loan applications to be ineligible subject matter, because the claims did not amount to a...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

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences Part XI: Agriculture and the Microbiome

Knowledge of, and interest in, the human microbiome has rapidly expanded in recent years: each week, there seems to be additional advancements in our understanding of the microbial communities that call our bodies home. As...more

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