News & Analysis as of

Federal Circuit Review | October 2014

Inequitable Conduct Ruling Upheld - In AMERICAN CALCAR, INC. v. AMERICAN HONDA MOTOR CO., Appeal No. 2013-1061, the Federal Circuit affirmed a finding of inequitable conduct. Calcar asserted patents related to...more

Examination of Myriad-Mayo Guidance Comments -- BIO Joint Comment

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

The Indefiniteness of What is "Routine, Well-understood and Conventional" in Assessing Patent Eligibility of Diagnostic Method...

Castigating the Supreme Court, at least in patent circles, has become as prevalent as the Court's forays into patent law have been to overrule the Federal Circuit. While even those who give the Court the benefit of the doubt...more

Myriad’s Continuing Patent Debate

On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics....more

Cambridge Assoc., LLC v. Capital Dynamics (PTAB 2014); PNC Bank v. Secure Axcess, LLC (PTAB 2014)

As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for...more

Sherry Knowles Addresses Real World Impact of Myriad-Mayo Guidance at BIO Symposium

Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo...more

Guest Post: Myriad -- A Direct and Unexceptional Approach

Is there a chain of reasoning that leads to the outcome in Myriad more shortly and directly than that outlined by Justice Thomas and without invoking judicial exceptions? It is strongly arguable that this is indeed the case...more

Down the Rabbit Hole – The Impact of Alice on Software Patents

Software patents recently took another hit as courts continue down the rabbit hole following the Supreme Court decision in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). In Alice, the Court held that claims to...more

To Stay or Not to Stay…

The Federal Circuit recently decided its second case on the issue of staying a district court patent infringement litigation pending Covered Business Method (CBM) review. In Benefit Funding Systems v. Advance America Cash,...more

The Supreme Court Revisits Patent Eligible Subject Matter in Alice v. CLS Bank

The Supreme Court recently addressed the question of patent eligibility under Section 101 of the Patent Act, holding a software patent in the financial services industry invalid for failing to meet the minimum requirements of...more

Federal Circuit Hears Arguments in Other Myriad Gene Patents Case

On October 6, 2014, the Federal Circuit heard oral arguments in a case involving the claims of the Myriad gene patents that were not invalidated by the Supreme Court’s 2013 decision. The Federal Circuit is reviewing the...more

Alice in Wonderland: The Ongoing Impact of Alice Corp. v. CLS Bank Int’l on Computer-Implemented Inventions

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice)[i]. In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk...more

Patent Eligibility of Software

Last year, a deeply divided set of opinions in an en banc Federal Circuit decision left doubt as to whether software programs would remain eligible for patent protection. Recently, the U.S. Supreme Court brought closure by...more

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

Myriad Set for Another Round

On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test...more

What are the Implications of Alice v. CLS? [Video]

While the Supreme Court’s ruling in Alice v. CLS Bank does not mean that software is ineligible for patent protection, the decision leaves many questions on patent eligibility unanswered. In the second video of a two-part...more

Motion to Dismiss Granted Where Patent Claimed Unpatentable Subject Matter

Amazon.com ("Amazon") filed a motion to dismiss Tuxis Technologies, LLC's ("Tuxis") complaint for failure to state a claim. Tuxis alleged infringement of the 6,055,513 ("the '513 patent") against Amazon. As explained by the...more

Protecting Big Data Systems in a Post-Alice World

Owners of software patents took a blow last June with the U.S. Supreme Court’s decision in Alice Corp v. CLS Bank International. The Alice Court held that, to be eligible for patent protection, computer-driven innovations...more

Alice in Wonderland: Are Software Inventions Still Patentable in View of the Supreme Court’s Ruling?

The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In...more

Full Federal Court confirms isolated genetic material is patentable in Australia

In D'Arcy v Myriad Genetics Inc [2014] FCAFC 115, an expanded bench of five judges of the Full Federal Court of Australia has unanimously upheld Justice Nicholas' decision in Cancer Voices Australia v Myriad Genetics Inc...more

Post-Alice Federal Circuit Finds Software-Related Patent Not Patent Eligible; Tips on Business Method Patents in New Landscape

In its first precedential decision regarding a business-related invention since the Supreme Court's 2014 Alice v. CLS Bank decision, the Federal Circuit held claims invalid for lack of patent eligibility under Section 101 of...more

Are the Supreme Court’s exceptions to patentability mandated by the Constitution, or are they just “statutory stare decisis”?

There has been significant commentary, both before and after the Supreme Court’s decision in Alice, that the various judicially created exceptions to patentability under 35 USC § 101 are not only sound, but are also...more

Early Lessons on Alice Corp. v. CLS Bank International and Section 101 From Recent Court Decisions

Alice and its immediate aftermath in the lower courts – In Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), the US Supreme Court held that claims to “generic computer implementation” of abstract ideas are...more

Full Federal Court confirms isolated nucleic acids are patentable in Australia

• The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. • The decision is in contrast to the recent decision of the US Supreme Court, which held a...more

Update on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting

On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose...more

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