News & Analysis as of

CAFC Section 101 United States Patent and Trademark Office

McDonnell Boehnen Hulbert & Berghoff LLP

The Narrow Pathway to Patent Eligibility in the Federal Circuit

The last 11 years have taught us much about the Federal Circuit; namely, that a majority of the judges simply do not seem to appreciate software. Given the statements that several have made in opinions, one might be able to...more

Bracewell LLP

Recentive v. Fox: Machine-Learning Claims Fail to Make the Grade

Bracewell LLP on

The patent eligibility of claims involving the use of machine learning (ML) was recently considered by the US Court of Appeals for the Federal Circuit (CAFC) in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Fed....more

Sunstein LLP

Federal Circuit Reverses International Trade Commission on Patent Eligibility for Composition-of-Matter Claims

Sunstein LLP on

On February 13, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision reversing the International Trade Commission finding that US Synthetic’s composition of matter claim was not...more

Bradley Arant Boult Cummings LLP

Detecting Disease Is Not a “Tangible and Useful Result” Eligible for Patenting

The federal appeals court with jurisdiction over questions of patent law has consistently held that methods of diagnosing a disease or other biological condition violate the Supreme Court’s ban on patenting “natural...more

Foley & Lardner LLP

CAFC Finds Cryopreservation Method Patent Eligible

Foley & Lardner LLP on

The Federal Circuit ruled that the cryopreservation methods at issue in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., are patent eligible under 35 USC § 101. It therefore vacated and remanded the decision of the U.S....more

Fish & Richardson

Enfish and TLI: A Study of the CAFC’s Recent Section 101 Opinions

Fish & Richardson on

Like a ray of light at the end of a long dark tunnel, the Federal Circuit’s recent reversal of a determination of patent ineligibility in Enfish, LLC v. Microsoft Corp., __ F.3d __ (Fed. Cir. May 12, 2016) (Hughes, J.)...more

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