News & Analysis as of

CLS Bank v Alice Corp

Our Attention is Now Directed To: “Directed To”

by Fenwick & West LLP on

My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”—or W-URC—from the subject matter eligibility test set forth in Mayo and further described in Alice. Those terms relate to one...more

Federal Circuit Upholds Vanda Fanapt Personalized Method Claims Against Patent Eligibility Challenge

by Foley & Lardner LLP on

In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., a divided panel of the Federal Circuit upheld Vanda’s personalized method of treatment claims relating to its Fanapt® (iloperidone) product against a...more

The Facts in the “Abstract”

by Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Functional Claiming

by Jones Day on

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are driving forces of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Two-step analysis to assist in determining patent eligibility

by McAfee & Taft on

Napoleon Hill once famously said, “Whatever the mind of man can conceive and believe, it can achieve.” However, what the mind of man can conceive is not necessarily patentable. Courts have long held that laws of nature,...more

Berkheimer Files Response to HP's Petition for En Banc Review

In early February, the Federal Circuit published an opinion in HP Inc. v. Berkheimer stating clearly –- for the first time -- that patent-eligibility under 35 U.S.C. § 101 should be determined as a matter of law, but with...more

Federal Circuit Finds Composition of Matter Ineligble For Patenting

by Foley & Lardner LLP on

In a non-precedential decision issued in In re Bhagat, the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) that claims directed to certain lipid compositions were ineligible for...more

Escaping Summary Judgment Under § 101

by McDermott Will & Emery on

Setting a new course with respect to 35 USC § 101 litigation issues, the US Court of Appeals for the Federal Circuit held that the issue of whether a claim recites patent eligible subject matter—a traditional question of...more

Patentability and Patent Protection: Is the Pendulum Starting to Swing Back?

The latest US Chamber of Commerce Global Innovation Policy Center’s International IP Index still places the US on top overall for intellectual property. However, this is due to strength in enforcement of copyrights and...more

AI: The Path of the Future or Industry Hype?

by Mintz Levin on

Artificial intelligence (AI) — the science of teaching a machine how to “think” — has its roots in the 1950s. But until recently, it was considered a niche that was reserved for academics and government-sponsored research...more

Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2018)

Intellectual Ventures (IV) sued Symantec in the District of Delaware, alleging infringement of U.S. Patent No. 5,537,533. The District Court invalidated the '533 patent on a summary judgment motion as being directed to...more

Recent Development on Patent Eligibility of Method of Treatment Claims

by Knobbe Martens on

The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more

Improved User Interface Survives Section 101 Challenges

by Knobbe Martens on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems,...more

An Economic Test For Patent Eligibility?

by Foley & Lardner LLP on

In the non-precedential decision issued in Exergen Corp. v. Kaz USA, Inc., Judge Moore considered the time and money it took to develop the invention at issue when deciding that the claims satisfy the patent eligibility...more

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Finjan Your Claims into Patent Eligibility (Presentation)

by Workman Nydegger on

- Finjan is a cybersecurity company that provides various security services, including mobile VPN and virus screening services. Finjan owns several patents related to cybersecurity. - Blue Coat is a software company that...more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Subject Matter Eligibility

by Jones Day on

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Good Vibrations, Bad Vibrations: American Axle v. Neapco Ruling

by Fenwick & West LLP on

In reading post-Mayo/Alice decisions, some seem more comfortable than others. I’ve been having a tough time getting my head and heart around a recent decision from Judge Leonard Stark of the District of Delaware. The case is...more

Exergen Corp. v. Kaz USA, Inc. (Fed. Cir. 2018)

The tortured path that the Federal Circuit has taken (a path also trodden by the U.S. Patent and Trademark Office and the district courts) of applying the patent eligibility decisions under Mayo Collaborative Services v....more

Berkheimer v. HP Inc.: Whether Claim Elements Are Well-Known, Routine, or Conventional Is a Question of Fact

The Court of Appeals for the Federal Circuit ruled in February that it was wrong for a judge to rule that a patent was ineligible under the Alice standard because there were underlying factual disputes that could not be...more

Applying A Law Of Nature To Getting Desired Results Does Not Confer Patent Eligibility

by Orrick - IP Landscape on

Order Granting Motion for Summary Judgment of Invalidity, American Axle & Manufacturing, Inc., v. Neapco Holdings LLC and Neapco Drivelines LLC, (D. Del. Feb. 27, 2018) (Judge Leonard P. Stark) - In a recent patent...more

Automated Tracking Solutions, LLC v. The Coca-Cola Company

Automated Tracking Solutions, LLC, (“ATS”) appealed findings of invalidity for failing to claim patent-eligible subject matter by the United States District Court for the Northern District of Georgia. In a decision rendered...more

Thawing in the 3600s? An Updated Look at Allowance Rates Post Alice

by Fenwick & West LLP on

In my own prosecution practice I’ve noted a recent uptick in the allowance rate of many examiners in the 36XX art units, with several examiners that had hitherto never allowed a single case allowing multiple cases during...more

Minimizing Risks Associated With Patent Subject Matter Eligibility

by LeClairRyan on

The Federal Circuit recently issued a trio of decisions relating to early motions seeking dismissal under 35 U.S.C. § 101 based on subject matter eligibility under the Supreme Court’s Alice decision. ...more

Nearly All Post-Alice Eligibility Rejections are Affirmed in Whole by the PTAB

Frequently, the fate of a patent application lies with a single patent examiner. This power frustrates applicants when an impasse has been reached in terms of interpretation of the claims, cited art, or patent statutes....more

751 Results
|
View per page
Page: of 31
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.