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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 -

Inventor Holdings, Llc V. Bed Bath & Beyond, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Even if a patentee’s initial complaint was reasonable, the patentee can...more

Can Juries Decide Patent Eligibility Under 35 U.S.C. § 101?

by WilmerHale on

No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. § 101. After not having decided a § 101 case in nearly a decade, the Supreme Court issued four § 101 decisions in as...more

Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (D. Del. 2017)

Last month, in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a motion to dismiss filed by...more

Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims

by Foley & Lardner LLP on

While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more

No Ticket to Ride for Transit-Limited Claims

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court ruling that claims directed to the specific field of mass transit were directed to patent-ineligible subject matter under 35 USC § 101 because they...more

Return to Sender: § 101 Eligibility Requires Additional Claim Specificity

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found a software patent directed to the transmission of digital communication using a sender-generated identifier to be ineligible subject matter because the claims contained...more

Image Processing Technologies, LLC v. Samsung Electronics Co. (E.D. Tex. 2017)

Plaintiff Image Processing Technologies, LLC ("IPT") filed suit against Samsung in the U.S. District Court for the Eastern District of Texas (Marshall Division), alleging infringement of three patents, including U.S. Patent...more

Did you hear about the statistician who drowned in a lake with an average depth of two feet?

by Fenwick & West LLP on

I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last week. On the one hand, at the IAM 2017 Patent Law and Policy conference in...more

Federal Circuit Affirms Delaware Alice Decision

In issuing its precedential decision earlier this month in Two-Way Media v. Comcast, the Federal Circuit affirmed a Delaware district court determination that four data streaming patents were directed to ineligible subject...more

Patent Invalidation Paves the Way for Automated Fare Collection Systems

by Holland & Knight LLP on

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

Patents in the burgeoning cannabis industry

by Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

Patent Eligibility Pointers from the Federal Circuit – Part 2

In Part 1 of this post series, several decisions from the Court of Appeals for the Federal Circuit (CAFC) were analyzed to explore factors that may lead a court to find patent claims ineligible under §101. The cases discussed...more

Intellectual Ventures I LLC v. Erie Indemnity Co. (Fed. Cir. 2017)

Intellectual Ventures I (IV) brought an action against Erie Indemnity Company in the Western District of Pennsylvania, alleging infringement of U.S. Patent No. 7,757,298. Erie filed a motion to dismiss under Rule 12(b)(6),...more

BioPharma Patents Quick Tips & News – November 2017

Diagnostic Method Claims in the U.S. I. Let’s recap the last five years! Mayo (2012) = Supreme Court prohibits patents for diagnostic methods without “significantly more” (essentially, you must not only discover a...more

When the Blind Go Leading the Blind: The USPTO’s §101 Eligibility Guidance

In the immediate aftermath of the 2013 Myriad decision, the United States Patent and Trademark Office (USPTO) released a set of guidance documents in March 2014 explaining how it planned to apply the new §101 precedents....more

Searching for How: The Federal Circuit’s Continued Quest under Alice

by Knobbe Martens on

On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc. (“Secured Mail”) were directed to patent-ineligible subject matter under 35...more

Federal Circuit Endorses the Use of a Claim Preamble (Which Isn’t Even a Limitation, Right?) to Find the Claim Was Directed to an...

In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, [2016-2531, 2016-2532] (November 1, 2017), the Federal Circuit affirmed the district court’s determination that the asserted patents were directed to patent...more

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 2

This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds.  Here, Step 2 decisions are explored in more detail, with a focus on additional lessons learned...more

New Flavors Of The Alice Analysis On Display In Federal Circuit Ineligibility Ruling

by Orrick - IP Landscape on

Two-Way Media Ltd v. Comcast Cable Communications, LLC et al., Fed. Cir. (November 1, 2017) - The Federal Circuit’s decision last week to invalidate all of the claims of two audio and video streaming patents as claiming no...more

Intellectual Property Bulletin - Fall 2017

by Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Two-Way Media Ltd. v. Comcast Cable Communications, LLC (Fed. Cir. 2017)

Two-Way Media brought an action against Comcast in the District of Delaware, claiming infringement of U.S. Patent Nos. 5,778,187, 5,983,005, 6,434,622, and 7,266,686. The District Court dismissed the case on the pleadings,...more

Intellectual Property Misconceptions Debunked

by Snell & Wilmer on

Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below. (1) Ideas Cannot Be Patented. Only inventions can be patented. The legal...more

One Step Forward, Two Steps Back For Software Patents At The Federal Circuit

by Fox Rothschild LLP on

In the past year, several Federal Circuit decisions defined situations in which software inventions could be eligible for patenting in the United States. However, two recent Federal Circuit decisions show that the path for...more

USPTO and EPO Examiners Discuss Key Considerations for Filing Effective Precision Medicine and Bioinformatics Applications in the...

At a symposium and webinar presented by Fenwick & West and Mewburn Ellis, we asked U.S. Patent and Trademark Office and European Patent Office examiners to provide perspective on the preparation and prosecution of patent...more

Method of Using Existing Bank Cards to Access Mass Transit Fails Both Alice Steps

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., No. 2016-1233, the Federal Circuit affirmed the district court’s decision holding that the claims at issue are directed to a patent ineligible abstract idea under 35...more

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