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Supreme Court Won’t Fix the Patentability Mess It Created A Decade Ago

In 2019 the Federal Circuit reached the extraordinary conclusion, in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, that a patent for a method of making a drive shaft was invalid because it was directed to a...more

Federal Circuit Jumps to Step Two To Rescue Authentication Patent

In Cosmokey Solutions Gmbh & Co. KG v. Duo Security LLC, on October 4, 2021, the Federal Circuit jumped straight to Step Two of the Supreme Court’s two-step method for determining patent eligibility and upheld a user...more

Federal Circuit Astonishingly Invalidates Manufacturing Method Patent…

In a breathtaking decision, the Federal Circuit has ruled that a patented method of making an automobile drive shaft is not eligible to be patented because it is “directed to a natural law.” In so ruling, the court has...more

Federal Circuit Asks Congress to Override Supreme Court's Denial of Patents for Diagnostics

In a remarkable collection of opinions that have no direct effect on the law, the Federal Circuit has implicitly given its support to efforts in Congress to override the Supreme Court’s decision in Mayo v. Prometheus, which...more

May 2019 IP Update: Bipartisan Legislation Develops to Remove Supreme Court Roadblocks to Biotechnology and Computer Science...

On April 17, 2019, Senators Tillis (R-NC) and Coons (D-DE), along with a bipartisan group of three members of the House of Representatives, announced the release of a framework on Section 101 patent reform. Senators Tillis...more

January 2019 IP Update - The Federal Circuit Refines the Post-Alice Landscape, Holding Spreadsheet Tabs Patent-Eligible

In Data Engine Technologies LLC v. Google LLC, holding patent-eligible a spreadsheet provided with tabs to facilitate navigation, the Federal Circuit continued, in late 2018, to refine the law of patent eligibility of...more

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