News & Analysis as of September 22, 2024

Patent-Eligible Subject Matter › Precedential Opinion

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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 -

Latest Federal Court Cases - June 2024 #2

Schwabe, Williamson & Wyatt PC on 6/25/2024

Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6)...more

Alice Put to the Test for Video Surveillance Systems

Haug Partners LLP on 3/27/2023

On February 17, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Hawk Technology Systems, LLC v. Castle Retail, LLC that affirmed a district court’s decision to grant defendants’ Rule...more

Federal Circuit Patent Watch: Patent claims found to lack patentable subject matter because they used “functional language, at a...

WilmerHale on 11/3/2022

Precedential Federal Circuit Opinions - NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. [OPINION] (2020-2257, 10/17/2022) (Newman, Lourie, and Dyk) - Newman, J. The Court reversed a district court judgment that the...more

Federal Circuit Patent Watch: Assignor estoppel applies to claims that are not "materially broader" than the originally assigned...

WilmerHale on 8/26/2022

Precedential Federal Circuit Opinions - In Re MCDONALD [OPINION] (2021-1697, 8/10/2022) (Newman, Stoll, and Cunningham) - Cunningham, J. The Court affirmed a PTAB decision rejecting reissue claims under 35 U.S.C. §...more

Latest Federal Court Cases - March 2022 #4

Schwabe, Williamson & Wyatt PC on 3/29/2022

Hunting Titan, Inc. v. DynaEnergetics Europe GMBH, Appeal Nos. 2020-2163, -2191 (Fed. Cir. March 24, 2022) - In a notable review of the USPTO’s new Precedential Opinions Panel, the Federal Circuit discussed the...more

Last Week in the Federal Circuit (October 25-29): Taking the Pulse of Another § Decision

Morrison & Foerster LLP - Federal Circuitry on 11/2/2021

While there may have been no public tricks or treats from the Federal Circuit last week, the Court still managed to issue a range of precedential and non-precedential decisions. Below we provide our usual weekly statistics...more

Last Week in the Federal Circuit (October 4-8): An “Inventive” Authentication Scheme Takes The Cake Under Alice

Morrison & Foerster LLP - Federal Circuitry on 10/12/2021

Even though last week was argument week, that didn’t slow down the issuance of decisions at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on...more

CAFC Patent Cases - September 2021 #3

WilmerHale on 10/8/2021

Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. [OPINION] (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam. Issuing writ of mandamus directing the United States District Court...more

CAFC Patent Cases - September 2021

WilmerHale on 9/10/2021

Precedential Federal Circuit Opinions - *WilmerHale represented the Appellee. COMMSCOPE TECHNOLOGIES LLC v. DALI WIRELESS INC. [OPINION] (2020-1817, 2020-1818, 08/24/2021) (REYNA, SCHALL, and STOLL) - Stoll, J....more

Last Week in the Federal Circuit (July 12-16): Under Alice, Another Patent Bites The Dust

Morrison & Foerster LLP - Federal Circuitry on 7/20/2021

Keniece Gray, Morrison & Foerster summer associate, co-authored this post. We could have a new Federal Circuit judge today (achieving gender parity on the Court). Last week, the Senate invoked cloture (by a 63-34 vote) on...more

Last Week in the Federal Circuit (April 26-30): The Potentially Limited Life Of IP Assignment Provisions In Employment Contracts

Morrison & Foerster LLP - Federal Circuitry on 5/4/2021

Today’s big news in the patent world is probably the CVSG in American Axle and the potential for a new Supreme Court case on subject-matter eligibility. But the day-to-day work goes on at the Federal Circuit, including with...more

Last Week in the Federal Circuit (November 16-20): A Beautiful Sunset for CBMs

Morrison & Foerster LLP - Federal Circuitry on 11/24/2020

It’s a few days before Thanksgiving and the sunsets are shorter and earlier, so we thought we’d discuss a CBM before the sun completely sets on that procedure. Below we provide our usual weekly statistics and our case of the...more

Last Week in the Federal Circuit (October 19-23): Still More Axes to Grind in American Axle

Morrison & Foerster LLP - Federal Circuitry on 10/27/2020

Last week we discussed the first Federal Circuit case added to the Supreme Court’s docket this Term, and we wondered when we’d have the opportunity to discuss whatever cases might be next in the pipeline. Lucky for us, that...more

PTAB Strategies and Insights - July 2020

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/31/2020

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Patent Prosecution Practice Tip: No Need to Articulate Advantages Within Claim

Fenwick & West LLP on 5/8/2020

On April 30, the Federal Circuit issued a precedential opinion in Uniloc v. LG Electronics, concerning claims to a software invention for a local communication system that reduced latency for parked secondary systems, e.g.,...more

Upgrade of Appeal Board Decisions Sought to Help Patent Medical Innovations

Sunstein LLP on 4/8/2020

The Director of the Patent and Trademark Office (PTO) has been asked to upgrade the status of two recent decisions of the Patent Trial and Appeal Board (PTAB), which determined that two medical innovations are eligible to be...more

An Informative PTAB Decision on Patent Eligibility under 35 U.S.C. § 101

Mintz - Intellectual Property Viewpoints on 1/30/2020

The U.S. Patent Trial and Appeal Board (“PTAB”) recently designated its decision in Ex Parte HANNUN (Appeal 2018-003323) (“HANNUN”) as being informative regarding the application of the latest 2019 revised guidance on...more

PTAB Bar Association – Thought Leader Summit Recap

Jones Day on 12/19/2019

In November, the PTAB Bar Association held its annual Thought Leader Summit. The Summit highlighted recent changes to PTAB practice, with a keynote address from USPTO Director Andrei Iancu. In the opening remarks, Director...more

Federal Circuit Closes Door on Patentability in Chamberlain

Brownstein Hyatt Farber Schreck on 10/18/2019

In The Chamberlain Group, Inc. v. Techtronic Industries Co., the Federal Circuit weighed in on the type of subject matter that can be characterized as an “abstract idea” and, thus, not eligible for patent protection....more

Today’s Special: Validity Goulash - Serving Up 101 in the Mechanical Arts

Sheppard Mullin Richter & Hampton LLP on 10/8/2019

A divided Federal Circuit, in a precedential opinion, upheld a lower court’s finding that the claims of US Patent No. 7,774,911 ineligible for patenting under Section 101 because the claims are directed to a law of nature....more

IP Hot Topic: The Draft Subject Matter Eligibility Bill: A Work In Progress

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/18/2019

On May 22, 2019, U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, and Representative Doug Collins (R-GA-9), Ranking Member of the...more

Evidence of Industry Skepticism Supports Finding of Nonobviousness - Intellectual Property News

Bradley Arant Boult Cummings LLP on 5/6/2019

In a precedential decision delivered recently, the Federal Circuit shot down arguments from Neptune Generics, LLC, Mylan Laboratories Ltd., and Fresenius Kabi USA, LLC that the Patent Trial and Appeals Board (PTAB) erred in...more

Federal Circuit Provides Guidance on Section 101 and CBMs

Jones Day on 4/23/2019

On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM...more

Eight America-Invents-Act Trial Decisions Designated either Precedential or Informative in Past Six Weeks

Bass, Berry & Sims PLC on 4/17/2019

Practitioners have long sought more predictability and uniformity at the Patent Trial and Appeal Board (PTAB), and it now appears the United States Patent and Trademark Office (USPTO) is taking that issue head on. On...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Schwabe, Williamson & Wyatt PC on 10/23/2017

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

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Patent-Eligible Subject Matter › Precedential Opinion

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