News & Analysis as of June 28, 2025

Appeals

+ Follow

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 -

Patent Case Summaries | Week Ending June 13, 2025

Alston & Bird on 6/19/2025

Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 2023-2267 (Fed. Cir. (D. Del.) June 9, 2025). Opinion by Lourie, joined by Dyk and Reyna....more

Federal Circuit Review - September 2024

Knobbe Martens on 10/14/2024

Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two...more

Patenting Web Advertising? Ask Alice, I Think She’ll Know

McDermott Will & Emery on 3/14/2024

In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § 101 with respect to...more

Federal Court of Appeal affirms paliperidone palmitate claims are not unpatentable methods of medical treatment

Smart & Biggar on 2/28/2024

In a 2022 decision involving Janssen and Pharmascience, the Federal Court found that the claims of Canadian Patent No. 2,655,335 (335 patent, relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA)) were not invalid...more

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

Harris Beach Murtha PLLC on 2/26/2021

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

PTAB Strategies and Insights - July 2020: Federal Circuit Confirms PTAB's Ability to Consider Subject Matter Eligibility of...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/4/2020

On July 22, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued an opinion in Uniloc 2017 LLC v. Hulu, LLC & Netflix, Inc., No. 2019-1686 (Fed. Cir. 2020) authorizing the U.S. Patent Trial &...more

Technical Issues Affirm Patent Validity but Preclude Pre-Suit Damages

McDermott Will & Emery on 7/23/2020

In a split decision, the US Court of Appeals for the Federal Circuit affirmed the subject matter eligibility of claims directed to collection, comparison and classification of information. The Court also unanimously found...more

Federal Circuit Review - May 2019

Knobbe Martens on 6/19/2019

Reasonably Continuous Diligence Is Not Negated If an Inventor Works On Improvements or Evaluates Alternatives to the Claimed Invention - In ATI Technologies ULC v. IANCU, Appeal Nos. 2016-2222, -2406, -2608, the Federal...more

Federal Circuit Review - February 2018

Knobbe Martens on 3/14/2018

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 2/1/2018

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 1/30/2018

Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an...more

Federal Circuit "Blue Coat" Decision: Virus-Scanning Software Survives Alice Attack Applying "Enfish"

Husch Blackwell LLP on 1/16/2018

On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

Schwabe, Williamson & Wyatt PC on 6/1/2017

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Recent Developments In Patent Law May 17, 2017

Schwabe, Williamson & Wyatt PC on 5/30/2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

U.S. Appeals Court Finds a Software Patent Valid Even Under the Supreme Court’s “Alice” Test

Knobbe Martens on 8/29/2016

A recent Federal Circuit decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, gives patent owners another illustration of patent subject matter eligibility under section 101....more

Ariosa Loses Verinata Patent Challenge

Foley & Lardner LLP on 8/25/2016

Fetal diagnostic pioneer Ariosa Diagnostics lost its latest attempt to invalidate competitor Verinata Health’s U.S. Patent No. 8,318,430, “Methods of Fetal Abnormality Detection.” The USPTO’s Patent Trial and Appeal Board...more

BASCOM—Federal Circuit Holds Internet Content Filtering Patent Passes Alice Test

Morgan Lewis on 7/6/2016

In a Section 101 analysis under Alice Corp. Pty. Ltd. v. CLS Bank Intl., “[a]n inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces”—even if individual claim...more

17 Results

View per page

Page: of 1

Patent-Eligible Subject Matter › Patent Validity › Appeals

"My best business intelligence, in one easy email…"