News & Analysis as of September 26, 2024

Supreme Court of the United States › Inventive Concept Test

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Solicitor General Weighs in on Patent Eligibility Question

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2023

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 2

Proskauer - New England IP Blog on 11/8/2017

This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds. Here, Step 2 decisions are explored in more detail, with a focus on additional lessons learned...more

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 1

Proskauer - New England IP Blog on 10/13/2017

It has now been over three years since the U.S. Supreme Court handed down its transformative patent decision in Alice Corp. v. CLS Bank. During that time, the Federal Circuit has issued only a precious few decisions upholding...more

Mortgage Grader, Inc. v. First Choice Loan Services Inc. (Fed. Cir. 2016)

McDonnell Boehnen Hulbert & Berghoff LLP on 1/25/2016

Financial Services Patent Claims Invalid - On January 20, 2016, the Federal Circuit issued an opinion in the case captioned Mortgage Grader, Inc. v. First Choice Loan Services Inc., NYLX, Inc. This case involves patent...more

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Professors Lefstin and Menell

McDonnell Boehnen Hulbert & Berghoff LLP on 9/8/2015

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

The Supreme Court's Myriad Decision: Where Does It Leave the "Inventive Concept" Test?

McDonnell Boehnen Hulbert & Berghoff LLP on 6/17/2013

Perhaps one of the most intriguing issues coming out of the Supreme Court's Myriad decision is whether it leaves any room for the "inventive concept" test raised by earlier Supreme Court decisions, including Mayo v....more

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