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A Computer Method Claim Must Improve the Functions of the Computer to Survive § 101

Summary: A patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation of the computer itself, was not sufficient to overcome a challenge under 35 U.S.C....more

No Recapturing of Surrendered Patent-Ineligible Subject Matter

Summary: When applying for reissue, a patent applicant may not recapture subject matter that was intentionally surrendered to overcome a § 101 rejection....more

Eligibility for CBM Review Is Not Appealable

SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The Board’s determination that a patent qualifies for CBM review is non-appealable under 35...more

No Harm, No Stay: Petition for Certiorari Not Enough to Stop Mandate

AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the United States District Court for the District of Delaware. American Axle & Manufacturing, Inc. (AAM) sued Neapco...more

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