News & Analysis as of

Summary Judgment Product of Nature Doctrine

McDonnell Boehnen Hulbert & Berghoff LLP

American Axle & Mfg. v. Neapco Holdings LLC (Fed. Cir. 2019)

Federal Circuit (Again) Hands Down Revised Opinion in Response to Petition for Rehearing - Recently the Federal Circuit has begun a practice of withdrawing an original opinion and handing down a substitute opinion in...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Knobbe Martens

Federal Circuit Review - November 2018

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Federal Circuit Finds Claims Directed to Tabbed Spreadsheets Patent Eligible and Claims Directed to Tracking Changes in Documents Ineligible Under Section 101 - In Data Engine Technologies LLC v. Google LLC, Appeal No....more

Knobbe Martens

Roche Molecular Systems, Inc. v. Cepheid

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Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the...more

Dechert LLP

Federal Circuit En Banc Denials Confirm Fact Issues Implicated by Patent-Eligibility Inquiry

Dechert LLP on

The United States Court of Appeals for the Federal Circuit refused rehearing en banc of two significant decisions regarding patent-eligibility under § 101 (Aatrix and Berkheimer) on May 31, with a majority of active judges on...more

Knobbe Martens

Federal Circuit Finds Life Sciences Subject Matter Patent Eligible

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On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion vacating the summary judgment of invalidity of U.S. Patent No. 7,604,929 (“the ’929 Patent”) and sent the case back to the District Court...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rapid Litigation Management Ltd. v. Cellzdirect, Inc. (Fed. Cir. 2016)

As we have had the occasion to say before regarding subject matter eligibility, "[o]ne swallow does not a summer make, nor one fine day . . . ," but the Federal Circuit may have engendered a glimmer of hope that it will once...more

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