News & Analysis as of

Patent-Eligible Subject Matter › Denial of 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 -
BakerHostetler

The Supreme Court Again Declines To Reevaluate Subject Matter Eligibility of Diagnostic Claims

BakerHostetler on

The Supreme Court seemed, at least to a small degree, interested in evaluating the subject matter eligibility of diagnostic claims when it requested that the respondents (Natera Inc. and Eurofins Viracor Inc.) respond to a...more

Jones Day

Generative AI-Assisted Patent Inventorship Questions Remain

Jones Day on

The Situation: The U.S. Supreme Court recently denied certiorari in Thaler v. Vidal, leaving intact the Federal Circuit's ruling that only human beings, and not artificial intelligence ("AI") systems, can be inventors under...more

Foley Hoag LLP

Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

Foley Hoag LLP on

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

CareDx, Inc. v. Natera, Inc. (Fed. Cir. 2022)

McDonnell Boehnen Hulbert & Berghoff LLP on

Plus ça change, plus c'est la même chose - Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues' refusal deflates the Amici's hopeful...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court Sidesteps America's Patent Eligibility Crisis

McDonnell Boehnen Hulbert & Berghoff LLP on

In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged in the last two weeks, the justices have denied certiorari in American Axle & Mfg. Inc. v. Neapco Holdings...more

Morrison & Foerster LLP - Federal Circuitry

Supreme Court Refuses (Again) to Jump Back into the 101 Fray

Morrison & Foerster LLP - Federal Circuitry on

As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time.  Many thought this would be the case...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denies Cert in American Axle

McDonnell Boehnen Hulbert & Berghoff LLP on

In a month where the Supreme Court's conservative majority has exercised its judicial muscle by striking down several well-established precedents, one portion of their jurisprudence is as fixed a constant as the Northern...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Denies Review in American Axle

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

This morning, the Supreme Court denied certiorari in the closely-watched patent eligibility case of American Axle v. Neapco. There were no noted dissents and no statements respecting the denial of certiorari. The denial means...more

Holland & Knight LLP

U.S. Supreme Court Declines to Hear Another Section 101 Case

Holland & Knight LLP on

Those waiting for the U.S. Supreme Court to weigh in on Section 101 were, once again, disappointed this week. On Nov. 16, 2020, in the case of WhitServe LLC v. Donuts Inc. et al., case no. 20-325 (U.S. Supreme Court), the...more

Snell & Wilmer

Vibrations at the Federal Circuit: American Axle and the “New” “Nothing More” Test of Patent Subject Matter Eligibility

Snell & Wilmer on

The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Takes Pass on Considering IPR Constitutionality

McDonnell Boehnen Hulbert & Berghoff LLP on

There is little rhyme nor reason in the cases the Supreme Court decides to review. But the Court has patterns in its case selection that do (to some degree) probe what the Justices think are important questions. One pattern...more

Fish & Richardson

Section 101: Cert. Denied … Now What?

Fish & Richardson on

Since the Supreme Court’s decisions in Mayo Collaborative Services, LLC v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012) and Alice Corp. v. CLS Bank, 573 U.S. 208 (2014), lower courts and the United States Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Zombie Apocalypse of Patent Eligibility Reform and a Possible Escape Route

McDonnell Boehnen Hulbert & Berghoff LLP on

The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed -- or at least put on hold.  In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Won’t Take Up Patent Eligibility for Medical Diagnostics

Kramer Levin Naftalis & Frankel LLP on

The cloud of uncertainty over patent eligibility of patents for medical diagnostic methods remains. On Monday, the Supreme Court declined the opportunity to revisit patent eligibility under its two-step Mayo test when it...more

Holland & Knight LLP

U.S. Supreme Court Denies Pending Patent Eligibility Petitions

Holland & Knight LLP on

The U.S. Supreme Court released its order list on Jan. 13, 2020, and denied all pending petitions concerning patent eligibility. The intellectual property community was anxiously awaiting the court's decision as to whether it...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Supreme Court on Eligibility: Nothing to See Here, Move Along

McDonnell Boehnen Hulbert & Berghoff LLP on

The Supreme Court entered orders denying certiorari in all five cases having petitions on subject matter eligibility, including Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC; Hikma Pharmaceuticals USA Inc. v....more

Troutman Pepper

Supreme Court Denies Review In Three Section 101 Cases

Troutman Pepper on

On January 13, 2020, the U.S. Supreme Court denied certiorari in the following cases...more

Snell & Wilmer

Solicitor General Weighs in on Section 101, Prompts High Court to Grant Review in Athena Diagnostics v. Mayo Collaborative...

Snell & Wilmer on

At the Supreme Court’s request, the Solicitor General on Friday, December 6, weighed in on two pending cert petitions dealing with patent subject matter eligibility under 35 U.S.C. § 101. Though the Solicitor General urged on...more

Knobbe Martens

Will Courts Consider Evidence of Patent Eligibility?

Knobbe Martens on

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more

19 Results
 / 
View per page
Page: of 1

"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 Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide