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Patent-Eligible Subject Matter › Failure To State A Claim

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 -
Rothwell, Figg, Ernst & Manbeck, P.C.

“AI-Related” Chip Patents - 1.6 Billion Reasons Why Google May Have Agreed to Settle

Rothwell, Figg, Ernst & Manbeck, P.C. on

Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Snubs Extrinsic Evidence in Reversing Ruling on 12(b)(6) Motion Arguing Invalidity Under § 101

Akin Gump Strauss Hauer & Feld LLP on

In CardioNet, LLC, et al. v. InfoBionic, Inc., the Federal Circuit reversed a district court’s ruling that affirmed a defendant’s 12(b)(6) motion that the asserted claims are invalid under 35 U.S.C. § 101, based on step one...more

Foley & Lardner LLP

Utilization of Natural Phenomenon Found Patent Eligible

Foley & Lardner LLP on

In Illumina, Inc. v. Ariosa Diagnositcs, Inc., (Fed. Cir. Slip Op. 2019-1419, March 17, 2020) the Federal Circuit held that process claims that exploit the discovered size differences between fetal and maternal DNA in serum...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2019

Schwabe, Williamson & Wyatt PC on

PATENT CASE OF THE WEEK - Celgene Corporation v. Laura A. Peter, Appeal Nos. 2018-1167, -1168, -1169, -1171 (Fed. Cir. July 30, 2019) - In this week’s Case of the Week, the Federal Circuit held that the retroactive...more

K&L Gates LLP

23andME, INC. v. Ancestry.com DNA, LLC

K&L Gates LLP on

In 2003, for the first time in history, mankind sequenced an entire human genome. The endeavor – known as The Human Genome Project – took 13 years to complete....more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Open Parking, LLC v. Parkme, Inc. (W.D. Penn. 2016)

McDonnell Boehnen Hulbert & Berghoff LLP on

Every day, millions of people are subjected to a frustrating experience -- finding a place to park their automobiles. Whether at the train station, the sports stadium, a festival, or a popular restaurant, circulating through...more

McDonnell Boehnen Hulbert & Berghoff LLP

BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC (Fed. Cir. 2016) - Federal Circuit Concurrence -- Decide Patentability...

McDonnell Boehnen Hulbert & Berghoff LLP on

The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more

Morris James LLP

Gaming Method Patent Is Held Invalid On Motion To Dismiss

Morris James LLP on

Defendant claims the patent-in-suit claims ineligible subject matter and is therefore invalid under § 101. The invention uses computer technology for promotional gaming methods. Applying the 2-step Alice step, The court...more

Morris James LLP

Objections To Report And Recommendation Are Overruled In Part

Morris James LLP on

Stark, C. J. The court rules on objections to the magistrate judge’s Report and Recommendation. Magistrate Burke issued a report and recommendation on April 28, 2015 and the parties filed objections. The court ruled as...more

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