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Patent-Eligible Subject Matter › Section 101 › Federal Rules of Civil Procedure

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 -
Fish & Richardson

Texas Round-Up: February 2025

Fish & Richardson on

This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more

BakerHostetler

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

BakerHostetler on

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more

BakerHostetler

The Scope of Eligibility

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Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more

McDermott Will & Emery

Data Processing Software Checks Out as Patent Eligible

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Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s judgment on the pleadings under 35 USC § 101, finding claims related to error checking...more

McDermott Will & Emery

Where There’s a Claim Construction Dispute, Resolve It Before Ruling on Ineligibility

McDermott Will & Emery on

Addressing patent eligibility under 35 USC § 101, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s decision for failure to address the parties’ claim construction dispute before ruling...more

Foley & Lardner LLP

Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting

Foley & Lardner LLP on

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Tranxition, Inc. v. Lenovo (United States) Inc. (Fed. Cir. 2016)

McDonnell Boehnen Hulbert & Berghoff LLP on

Federal Circuit Finds Another Software Patent Invalid under Section 101 - The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United...more

Nutter McClennen & Fish LLP

Recognicorp v. Nintendo: Invalidating software claims under 35 U.S.C. § 101

Nutter McClennen & Fish LLP on

The U.S. District Court for the Western District of Washington held, in Recognicorp, LLC v. Nintendo Co. Ltd., et al, that claims to certain methods and systems for encoding/decoding image data are not patent-eligible under...more

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