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Patent-Eligible Subject Matter

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -

USPTO updates guidance leading to more favorable consideration of patent eligibility

by Dentons on

On April 19, 2018, the United States Patent & Trademark Office (USPTO) issued a memorandum that explains the circumstances under which an examiner can conclude that technology is “well-understood, routine, and conventional,”...more

New Patent Office Guidance Released on Subject Matter Eligibility

by Dorsey & Whitney LLP on

As the law regarding patent eligibility for certain subject matter continues to evolve, the U.S. Patent and Trademark Office (USPTO) recently clarified its examination procedure relating to subject matter eligibility in a...more

Overcoming Early Alice Rejections in Litigation

by Vedder Price on

In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more

Federal Circuit Votes No on Patent Owner’s Appeal of Dismissal under § 101

In an appeal from the Northern District of Florida, Voter Verified, Inc. asked the Federal Circuit to reverse the lower court’s dismissal of its patent infringement lawsuit against Election Systems & Software, LLC. ...more

Are Combined Diagnosis and Treatment Still Patent-Eligible? One Court Says “No”

In 2011 the Supreme Court announced that methods of diagnosing disease are ineligible for patenting under its landmark decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2011)....more

USPTO Updates Patent Eligibility Guidance in View of Berkheimer

The second part of the patent-eligibility test of Alice Corp. v. CLS Bank Int'l involves an inquiry into whether certain elements of a claim directed to an unpatentable judicial exception are "well-understood, routine, and...more

Draft Your Patents Carefully

by Jones Day on

Droplets, Inc. v. E*TRADE Bank, No. 16-2504 (Fed. Cir. Apr. 19, 2018), is a cautionary tale on the need for careful patent prosecution. Because of an error in the priority claim, Droplets lost its right to claim an earlier...more

USPTO Issues Patent Eligibility Examination Guidance Under Berkheimer

by Foley & Lardner LLP on

As announced in a Federal Register Notice dated April 20, 2018, the USPTO has issued a new memorandum to the Examining Corps providing supplemental patent eligibility examination guidance under Berkheimer, a Federal Circuit...more

Personalized Medicine Gets a Boost from Federal Circuit’s Vanda Pharma Decision

by Mintz Levin on

The Federal Circuit provided a welcome boost for stakeholders in the field of personalized medicine with its recent decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2702, 2016-2708 April 13, 2018). Vanda...more

It’s Obvious: POSA Could Write Software To Generate Conference Call Requests

by Jones Day on

A recent PTAB decision underscores the importance of establishing the level of ordinary skill for a successful obviousness challenge. Cisco Sys., Inc. v. Uniloc USA, Inc., IPR2017-00058, Paper 17 (PTAB Apr. 6, 2018). It is...more

Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: When another patent for a drug issues after an ANDA is filed, there can...more

The Federal Circuit Addresses Patent Eligibility of Methods of Treatment For First Time Post-Mayo

by K&L Gates LLP on

Introduction - On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals affirmed a district court decision regarding patent eligibility under 35 U.S.C. § 101 of a method of treatment. ...more

Local Intelligence, LLC v. HTC America, Inc. (N.D. Cal. 2018)

Claims for Refreshing Phone Display Found Patent Eligible - Earlier this month, the U.S. District Court for the Northern District of California ruled that claims related to refreshing a phone's display are patent eligible...more

Another § 101 Motion Bites The Dust: Existence Of Potential Factual Determinations Precludes Motion To Dismiss

by Orrick - IP Landscape on

Order Denying Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint, Sound View Innovations, LLC v. Hulu, LLC, C.D. Cal. (April 11, 2018) (Judge John A. Kronstadt) - Following on the heels of the Federal...more

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

Accused Infringer Estopped from Asserting Prior Art Disclosed in Invalidity Contentions

In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art...more

Federal Circuit Finds Personalized Medicine Invention Subject Matter Eligible

by Dorsey & Whitney LLP on

The Federal Circuit recently held claims for a personalized medicine treatment were patent eligible and valid. The claims at issue were directed toward administering specific dosages of a drug in the presence or absence of a...more

Konami Gaming, Inc. v. High 5 Games, LLC (D. Nev.)

Slot Machine Patent Invalidated As Being Directed to Ineligible Subject Matter - Konami sued High 5 Games for patent infringement of U.S. Patent Nos. 8,096,869; 8,366,540; 8,662,810; and 8,616,955. The '869 patent, which...more

Fresh From the Bench: Latest Federal Circuit Court Cases

In an ANDA applicant’s appeal from a bench trial judgment of validity and infringement, the Court affirmed the district court’s judgment on all counts. The case presented unusual procedural circumstances in a Hatch-Waxman...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

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Federal Circuit Review - March 2018

by Knobbe Martens on

Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

How Well-Understood is the Meaning of “Well-Understood”?

by Fenwick & West LLP on

The Federal Circuit has now had enough opportunity to address Mayo’s “well-understood, routine, conventional” test that we should have a good understanding of it. We don’t (or at least I don’t). ...more

Judge Andrews Grants Defendants’ Motions To Dismiss After Finding Certain Claims Of Patents-In-Suit Are Directed To Patent...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in IPA Technologies, Inc. v. Amazon.com, Inc. et al., Civil Action No. 16-1266-RGA (D.Del. March 31, 2018) (consolidated), the Court granted Defendants’...more

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