Supreme Court of the United States Patent-Eligible Subject Matter

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... more +
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 -
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MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2015 - Vol. 13, Issue 1

In This Issue: - Tips for Developing a Cost-Effective Foreign Patent Strategy - Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank - Amending...more

Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software [Video]

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

Post-Alice District Court Decisions Regarding the Patent Eligibility of Computer-Implemented Inventions

It has been about 9 months since Alice Corp. v. CLS Bank International was decided by the Supreme Court. In that time, many district court and Federal Circuit cases have resulted in grants of summary judgment or dismissal...more

"Federal Circuit Wrestles With Patent Eligibility of Internet-Based Business Methods"

When are Internet-based business methods eligible for patent protection under 35 U.S.C. § 101? In 2014, the Supreme Court laid the groundwork for the Federal Circuit to grapple with this question, when it decided Alice Corp....more

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

Some Patents May Survive Alice and Myriad

Guidance published by the U.S. Patent and Trademark Office (USPTO) on December 16, 2014 indicates a slight softening in its position regarding patentable subject matter. The patent community has been hard hit in the last few...more

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

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

Can Any DNA Claims Still Be Patented?

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit invalidated Myriad’s primer claims and detection method claims under 35 USC §...more

Ultramercial Requests En Banc Review

Two months ago, in a long-awaited decision, the Federal Circuit invalided Ultramercial's U.S. Patent No. 7,346,545, directed to online video advertisements, as lacking patent-eligibility under 35 U.S.C. § 101. The Court...more

Intellectual Property 2014 Year In Review

There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods,...more

SCOTUS Tightens Patent Standards for Computer-Implemented Inventions

At a time when patent application filings and litigation proceedings for computer-implemented inventions have reached all-time highs, this summer the U.S. Supreme Court issued a highly anticipated opinion addressing the...more

Looking Ahead: Top IP and Technology Trends for 2015

2015 promises to be a challenging year for intellectual property law. Here is Brooks Kushman’s list of significant IP and technology law trends that clients should be prepared for in 2015....more

Natural Products Whiplash

What you need to know: Two important developments in the last week have exacerbated confusion around patent protection for natural products and technologies that implicate laws of nature, calling into question the...more

CDCA Court Swims Against the Tide of Software Patent Ineligibility in Caltech v Hughes

Patent applicants from the software and business method fields took notice after the United States Supreme Court issued its opinion in Alice Corporation Pty. Ltd. V. CLS Bank International, et al. (“Alice,” 134 S. Ct. 2347...more

Intellectual Property and Technology News - December 2014 (Global)

In This Issue: - Fundamental Reform Ahead For European Patent Law - Patentability of Isolated Nucleic Acid - Patent Reform – Is It Working? - Right To Privacy In Japan - Supreme Court Corner - The FTC...more

Federal Circuit Review - December 2014

Patent Claims on Media Distribution Over Internet Not Patentable - In ULTRAMERCIAL, INC. v. HULU, LLC, Appeal No. 2010-1544, the Federal Circuit affirmed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) because a...more

Post-Alice, has the Fed Circuit suggested another subject matter eligibility test?

Last month, the Federal Circuit issued its latest decision on the issue of patent eligible subject matter. The decision in that case, Ultramercial, Inc. v. Hulu, LLC, was far from earth shattering. With scant analysis, the...more

The Day the Exception Swallowed the Rule: Is Any Software Patent Eligible After Ultramercial III?

The Supreme Court has consistently cautioned that the judicial exceptions to patent eligibility need to be carefully applied: At the same time, we tread carefully in construing this exclusionary principle lest it...more

Alice was a Game-Changer: Federal Circuit Changes Course on Advertising Patent

The third time is the charm in Ultramercial v. Hulu: After twice finding that an advertising method patent was directed to patent eligible subject matter, the Court of Appeals for the Federal Circuit’s third Ultramercial...more

IP|Trend: New Era in Protection of Software by Intellectual Property Law? [Video]

It’s been a rough couple of years for software developers seeking patent protection for their software. Decisions by the Supreme Court have limited the amount of patent protection that developers can obtain. Attorneys Seth...more

A Sea Change after Alice: Recent Court Decisions Show Patents Are Vulnerable under Section 101 Attack

Since 2010, the Supreme Court has issued four decisions on patent-eligible subject matter under 35 U.S.C. § 101. In the most recent decision, Alice Corp. v. CLS Bank, the Court continued the restrictive approach set forth in...more

Business Litigation Report -- September 2014

In This Issue: - Main Article: ..The Supreme Court Revisits Patent Eligible Subject Matter in Alice v. CLS Bank - Practice Area Notes: ..International Arbitration Update ..Trial Practice...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

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

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

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