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Patent-Eligible Subject Matter › Patent Validity › Section 101

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 -
Alston & Bird

Patent Case Summaries | Week Ending June 13, 2025

Alston & Bird on

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

Knobbe Martens

Current Congressional Attempts at Patent Reform

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In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners.  Two main areas of focus are “Section 101” and the “PTAB.”  ...more

American Conference Institute (ACI)

[Event] 18th Annual Paragraph IV Disputes - April 19th - 20th, New York, NY

American Conference Institute (ACI) on

Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit...more

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

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

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

McDermott Will & Emery

Technical Issues Affirm Patent Validity but Preclude Pre-Suit Damages

McDermott Will & Emery on

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

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

Global Patent Prosecution - June 2019: A Useful Roadmap for Claiming Cannabis Inventions

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

On April 17, 2019, U.S. District Judge William Martinez of the District of Colorado upheld the subject matter eligibility of United Cannabis Corporation’s (“UCANN”) patent claims covering liquid cannabinoid formulations....more

Hogan Lovells

U.S. + Germany Patent Update – July 2018

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The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Knobbe Martens

Federal Circuit Review - February 2018

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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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Schwabe, Williamson & Wyatt PC

Recent Developments In Patent Law May 17, 2017

Schwabe, Williamson & Wyatt PC on

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

Nutter McClennen & Fish LLP

Court Lacks Subject Matter Jurisdiction over Unasserted Claims

Nutter McClennen & Fish LLP on

A party can raise lack of subject-matter jurisdiction at any time during a litigation. Illustrating this point, recently in Joao Control & Monitoring Systems, LLC v. Telular Corporation a patentee saved its unasserted patent...more

Knobbe Martens

How Technical Must an Improvement be to Survive 101?

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The technical nature of a claimed improvement is central to the evaluation of claims under 35 U.S.C. § 101. Two recent district court opinions illustrate that whether or not the claims describe an improvement in the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. (E.D. Tex. 2016)

McDonnell Boehnen Hulbert & Berghoff LLP on

Core Wireless Licensing brought an action against LG Electronics in the Eastern District of Texas. Core contended that LG infringed claim 21 of its U.S. Patent No. 7,804,850. LG moved for summary judgment on the grounds...more

Knobbe Martens

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

Knobbe Martens on

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

McDermott Will & Emery

In First Set of Post-Grant Review Decisions, PTAB Strikes Down Patents Based on Alice

McDermott Will & Emery on

Addressing for the first time the issue of patent validity in the context of an America Invents Act post-grant review, the Patent Trial and Appeal Board (PTAB or Board) invalidated two livestock patents as unpatentable under...more

Morgan Lewis

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Avago Technologies General IP (Singapore) Pte Ltd. v. Asustek Computer, Inc. (N.D. Cal. 2016)

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"Quick Look Test" Used by District Court to Support Lack of Preemption and Find Software Claims Patent Eligible - On April 15, 2016, the U.S. District Court for the Northern District of California issued an Order Denying...more

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