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Patent-Eligible Subject Matter › Certiorari

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 -
Holland & Knight LLP

Section 101 Patent Eligibility Roundup: A Senate Hearing, a New Cert Petition and More

Holland & Knight LLP on

The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though...more

Fenwick & West LLP

Patent Eligibility Law: Status Quo for Now, But Is Change on the Horizon?

Fenwick & West LLP on

There have been no substantial changes to patent eligibility law or practice under 35 U.S.C. § 101 since the U.S. Patent and Trademark Office’s last guidance in October 2019. With legislative reform in Congress stalled,...more

Harris Beach PLLC

Important 2020 Patent Law Decisions from the Court of Appeals for the Federal Circuit

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Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more

Fenwick & West LLP

Patent Eligibility: Legislative Change Still Appears Far Away

Fenwick & West LLP on

At the time of my last update in February on the state of patent eligibility law, the Supreme Court had recently declined to grant cert on Athena, Vanda, Berkheimer, Cellspin, Power Analytics, ChargePoint and Trading...more

Vinson & Elkins LLP

PTAB May Reject Motions To Amend In Inter Partes Reviews On Any Ground Of Patentability

Vinson & Elkins LLP on

On July 22, 2020, the Federal Circuit ruled that the Patent Trial & Appeal Board (“PTAB”) was not limited in its review of substitute claims in an inter partes review (“IPR”), and therefore could reject such claims as not...more

Flaster Greenberg PC

Impact of Federal Circuit’s Opinion in 'Athena' on Medical Diagnosis Patents

Flaster Greenberg PC on

Is a new method of diagnosing a disease patentable? Can it survive a motion to dismiss? And, irrespective of the current precedent, should a new method of diagnosing a disease be patentable? These are questions the U.S. Court...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Five Stories of 2018

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

McDonnell Boehnen Hulbert & Berghoff LLP

What to Do about Section 101? IPO Provides Its Answer

McDonnell Boehnen Hulbert & Berghoff LLP on

In the aftermath of the Supreme Court's decision not to grant certiorari in Sequenom v. Ariosa (and in some quarters, considerably before that), many have voiced the opinion that only Congress can resolve the acknowledged...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2016: #11 to #15

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Trolls Beware! -- Supreme Court to Review Patent Venue Statute

McDonnell Boehnen Hulbert & Berghoff LLP on

In the past few years, the Supreme Court has been single-handedly tackling the so-called Patent Troll problem. Sure, in that time, the President and Congress have made Patent Trolls a focus of their agendas, and have...more

Knobbe Martens

The Supreme Court’s Decisions Not to Hear Patent Cases Leaves Federal Circuit Decisions on Key Questions Intact

Knobbe Martens on

The Supreme Court recently declined to hear several patent cases, thus leaving the decisions by the Federal Circuit intact. Issues that were not taken up by the Supreme Court include (1) whether performing patented methods...more

BakerHostetler

Supreme Court Denies Sequenom’s Petition for Certiorari

BakerHostetler on

On June 27, 2016, the U.S. Supreme Court, without comment, denied Sequenom’s petition for certiorari, leaving in place the Court’s previous rulings prohibiting the patenting of laws of nature and natural phenomenon. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amici Support Certiorari in Sequenom v. Ariosa

McDonnell Boehnen Hulbert & Berghoff LLP on

In response to Sequenom's March 21 petition for certiorari seeking Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. (see "Sequenom Petitions for Certiorari"), a total of...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - August 2015 #4

Akin Gump Strauss Hauer & Feld LLP on

SUPREME COURT CASES - The Supreme Court Upholds Prohibition on Charging Royalties After Patent Expiration - In Kimble v. Marvel Entertainment LLC, 576 U.S. ---- (2015), the Supreme Court declined to overrule its 1964...more

Fenwick & West LLP

Ultramercial back to Federal Circuit. Accenture & Bancorp done

Fenwick & West LLP on

On the final day of its 2013 term, the Supreme Court issued some interesting orders in Section 101 cases dealing with computer-implemented business methods. First, in WildTangent, Inc. v. Ultramercial, LLC (13-255),...more

McDermott Will & Emery

Cert Alert and Other News from the Supreme Court

McDermott Will & Emery on

1—The U.S. Supreme Court granted a petition for writ of certiorari in a case challenging patent eligibility (under § 101) of method claims directed to a software embodiment and a corresponding system. Alice Corp. Pty. Ltd....more

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