Patents Patent-Eligible Subject Matter

News & Analysis as of

BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC (Fed. Cir. 2016) - Federal Circuit Concurrence -- Decide Patentability...

The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more

EA Sports won’t be beaten at its own game – Escaping potential liability through successful § 101 motion to dismiss

It has been a long-standing business practice in the video game industry to update sports video game parameters to reflect real-world developments. Who would want to play NBA Live 95 if it didn’t incorporate Michael Jordan’s...more

Supreme Court Denies Sequenom’s Petition for Certiorari

On June 27, 2016, the U.S. Supreme Court, without comment, denied Sequenom’s petition for certiorari, leaving in place the Court’s previous rulings prohibiting the patenting of laws of nature and natural...more

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

Exergen Corp. v. Thermomedics, Inc. – How to Flunk s. 101

On June 22d, the Fed. Cir. issued a summarily affirmed the district courts Order that the method claims in suit did not pass the Alice/Mayo test for patentable subject matter. Claim 51 of U.S. patent no. 7787938 is...more

Immersion Corp. v. HTC Corp. (Fed. Cir. 2016) - Continuation Application Filed on Same Day Parent Issues Satisfies § 120...

Last week, in Immersion Corp. v. HTC Corp., the Federal Circuit reversed the decision of the District Court for the District of Delaware that U.S. Patent No. 7,148,875 ("the '875 patent"), assigned to Immersion Corp....more

Fingers Crossed: Supreme Court to Decide Patentability of Newly Discovered Natural Phenomena

The Federal Circuit threw down the gauntlet, and we are waiting to see whether the U.S. Supreme Court will take it up. Sequenom’s petition for certiorari was scheduled for conference on June 23rd; the Court’s decision whether...more

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications

Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and perform the same duties as patent attorneys in proceedings before the USPTO, including preparing...more

Amicus Briefs in Support of Sequenom's Petition for Certiorari: Dr. Chakrabarty, A Scientist's View

In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more

Separated at the District Court, Possibly Reunited on Appeal

Defendants Are Reunited Notwithstanding Plaintiff’s Attempts To Keep Them Apart:  Order Denying Plaintiff’s Motion to Stay and Granting Defendant’s Motion for Summary Judgment, Emmanuel Gonzalez v. Tagged, Inc., Case No....more

Amicus Briefs in Support of Sequenom's Petition for Certiorari: Eli Lilly and Company et al.

In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more

Two Years After Alice: A Survey of the Impact of a "Minor Case" (Part 1)

Two years ago this Sunday, the Supreme Court in Alice Corp. Pty Ltd. v. CLS Bank Int'l addressed a relatively narrow issue: does a claim reciting a generic computer implementation transform an abstract idea into a...more

Femto-Sec Tech, Inc. v. Lensar, Inc. (C.D. Cal. 2016)

Patent Having Claims That Apply Law of Nature Is Patent-Eligible - On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent...more

Subject Matter Eligibility Guidance -- Example on Screening for Gene Alterations

Last month, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. In addition to a memorandum on subject matter eligibility determinations that was...more

Mobile Telecommunications Technologies, LLC v. Blackberry Corp. (N.D. Tex. 2016)

Electronic Delivery of Messages Equated to U.S. Post Office Services - On May 12, the U.S. District Court for the Northern District of Texas issued an Order in a case captioned Mobile Telecommunications Technologies, LLC...more

BIO International Convention 2016 Preview

U.S. Patent Practice – the PTAB, Federal Courts, and Patent Eligibility - The 2016 BIO International Convention has already begun in San Francisco, but most of the sessions and forums get underway beginning on Tuesday,...more

Even After Enfish, Alice Still Casts a Shadow at the PTAB

When it comes to Enfish, the PTAB may have just indicated that it prefers to cut bait. In Informatica Corp. v. Protegrity Corp., CBM2015-0021 (May 31, 2016), the PTAB held that U.S. Patent No 6,321,201 was void under Alice...more

PTAB Relies on the Federal Circuit’s Recent § 101 Decision to Deny CBM Institution

On May 12, 2016, the Federal Circuit issued a decision on 101 patent eligibility that overturned a summary judgment finding of § 101 invalidity for software used for databases. Enfish, LLC v. Microsoft Corp., No. 2015-1244,...more

A New Hope for Software Patents?

Software patents have been facing intense scrutiny under 35 U.S.C. § 101 for subject matter eligibility since the U.S. Supreme Court’s Alice v. CLS Bank decision in 2014. In the last two years, the patent ecosystem...more

USPTO Selects Topics for Quality Case Study Pilot Program

In December, the U.S. Patent and Trademark Office invited stakeholders to submit patent quality-related topics that could be used as case studies in a new Enhanced Patent Quality Initiative (EPQI) pilot program. At the time,...more

The Recent PTO Guidance on Subject Matter Eligibility: Lessons

A few years ago, former PTO Solicitor General Nancy Linck arose from the audience at the BIO International Conference to provide her thoughts on how the Office had responded to the Supreme Court's decisions in Mayo v....more

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

Abstract Ideas and the USPTO: Examiner Guidance Post Enfish and TLI

On May 19, 2016, the U.S. Patent and Trademark Office issued a memorandum containing a summary of two recent Federal Circuit decisions along with a directive for how patent examiners should apply the holdings of the...more

In re TLI Communications LLC Patent Litigation (Fed. Cir. 2016)

This case is notable mainly because it is the first Federal Circuit decision to distinguish itself from Enfish LLC v. Microsoft Corp., and also because it is another reminder that the wall between patentable subject matter,...more

USPTO Memo Updates Examiner Guidance On Subject Matter Eligibility In View Of Enfish

On May 19, 2016, just weeks after its May 2016 memorandum to examiners providing guidance on subject matter eligibility under § 101, the USPTO issued a new memo updating its guidance to examiners in view of the Federal...more

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