News & Analysis as of September 23, 2024

Patent Litigation

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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 -

Federal Circuit Review | August 2024

Knobbe Martens on 9/10/2024

Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

Section 101 Patent Eligibility Roundup: The PTAB, Cert Petition and My Oscars Picks

Holland & Knight LLP on 3/6/2024

Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more

Senate Holds Hearing on Legislative Initiative to Address Patent Eligibility

McDermott Will & Emery on 2/1/2024

Seeking to undo the current jurisprudence “mess” on the issue of patent eligibility, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard testimony on January 23, 2024, on the Patent Eligibility...more

Federal Circuit Affirms Dismissal of Patent Claims Directed to a Graphical User Interface as Ineligible Subject Matter Under 35...

Akin Gump Strauss Hauer & Feld LLP on 1/26/2024

The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to a graphical user interface that seeks to enhance how search results are displayed to a user. The court agreed that the claims are...more

Split Decision on Patents for Restricting Access to Computer Files

AEON Law on 11/7/2023

A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more

Section 101 Patent Eligibility Roundup: October 2023

Holland & Knight LLP on 10/27/2023

In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more

Federal Circuit Continues to Strike Down Patents as Abstract Ideas

Weintraub Tobin on 10/13/2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023)...more

What Patent Bills Would Mean for Infringement Litigation

Farella Braun + Martel LLP on 9/7/2023

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Latest Federal Court Cases - July 2023 #4

Schwabe, Williamson & Wyatt PC on 8/1/2023

United Therapeutics Corporation v. Liquidia Technologies, Inc., Appeal Nos. 2022-2217, 2023-1021 (Fed. Cir. July 24, 2023) In the Federal Circuit’s only precedential patent case this week, the Court considered questions...more

Takeaways From the Proposed Patent Eligibility Restoration Act of 2023

Farella Braun + Martel LLP on 7/21/2023

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and...more

Can Judge Michel (and John Duffy) Convince the Supreme Court to Revisit Subject Matter Eligibility?

McDonnell Boehnen Hulbert & Berghoff LLP on 6/2/2023

Einstein's aphorism that doing the same thing over and over again and expecting a different outcome is a hallmark of madness (or at least an inability to learn from the past) inevitably comes to mind when perusing the recent...more

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

Holland & Knight LLP on 5/24/2023

The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

Patent Eligibility at the Supreme Court: Another Petitioner Throws Its Hat in the Ring

Holland & Knight LLP on 5/8/2023

In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more

Solicitor General Weighs in on Patent Eligibility Question

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2023

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

Federal Circuit Weighs In On Patent Eligibility Of Isolated Vitamin

Foley & Lardner LLP on 2/23/2023

It has been a while since the Federal Circuit weighed in on the patent eligibility of so-called “natural product” claims. While the finding of non-eligibility in ChromaDex, Inc. v. Elysium Health, Inc. is not surprising, it...more

Patent Poetry: Federal Circuit Finds Plausible Allegations of Inventive Concept in Google Patent Dispute

AEON Law on 10/24/2022

The Federal Circuit has reversed a New York court’s grant of a motion by Google to dismiss a patent infringement case against the company. The court found that the plaintiff had plausibly alleged an inventive concept in its...more

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

McDonnell Boehnen Hulbert & Berghoff LLP on 7/20/2022

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

The Supreme Court Sidesteps America's Patent Eligibility Crisis

McDonnell Boehnen Hulbert & Berghoff LLP on 7/1/2022

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

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

Morrison & Foerster LLP - Federal Circuitry on 7/1/2022

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

Supreme Court Denies Cert in American Axle

McDonnell Boehnen Hulbert & Berghoff LLP on 7/1/2022

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

Supreme Court Denies Review in American Axle

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/30/2022

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

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

Holland & Knight LLP on 6/10/2022

I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

Will the Supreme Court Unravel the Patent-Eligibility Tangle?

Weintraub Tobin on 12/9/2021

Since the Alice v. CLS Bank and Mayo v. Prometheus decisions, district courts and the Court of Appeals for the Federal Circuit has struggled to determine and navigate the boundary between what is and what is not...more

Section 101 Patent Eligibility at the Supreme Court: Where Are We?

Holland & Knight LLP on 11/1/2021

Dennis Crouch at Patently-O has a breakdown of the patent cases currently pending before the U.S. Supreme Court. As he notes, a number of these cases could be transformative if certiorari is granted, including American Axle...more

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Patent-Eligible Subject Matter › Supreme Court of the United States › Patent Litigation

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