News & Analysis as of

Section 101 Alice Corporation Patent Litigation

Miller Canfield

A New Alice Plot Twist - Can a Composition of Matter Be an Abstract Idea?

Miller Canfield on

The patent world tends to think that the Supreme Court’s framework in Alice is a template for determining the eligibility of software and business method inventions. Under 35 U.S.C. § 101, abstract ideas are not eligible for...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Holland & Knight LLP

Fed. Circ.: Retailer Finder Fee Patent Invalid Under Section 101

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In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet...more

Holland & Knight LLP

Patents Directed to a Method for Ranking Online Merchants Withstands Early Section 101 Challenge by the Government

Holland & Knight LLP on

The plaintiff in Wanker v. United States accuses the government of infringing four patents, all of which relate generally to a method for comparing products and services through the use of various weighting factors to assign...more

Holland & Knight LLP

No More Ripples from Pebble Tide; Data Output Patents Found to be Abstract, Invalid

Holland & Knight LLP on

Over the past year, Pebble Tide LLC has asserted its two patents against an array of companies – from banks and insurance companies to entertainment conglomerates – alleging that the defendants infringe patents related to...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Patents

McDermott Will & Emery on

2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

Holland & Knight LLP on

Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

Foley & Lardner LLP

Unpacking The Solicitor General’s Brief In Vanda

Foley & Lardner LLP on

Responding to the invitation from the Supreme Court, the Solicitor General for the United States has filed an amicus brief for the United States in Hikma Pharmaceuticals USC Inc. v. Vanda Pharmaceuticals Inc. Stakeholders...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

Foley & Lardner LLP

Only The Law Is Hazy For CBD Patent Eligible Under Section 101

Foley & Lardner LLP on

In United Cannabis Corp. v. Pure Hemp Collective, Inc., Judge Martinez of the U.S. District Court for the District of Colorado determined that UCANN's CBD patent was not invalid under 35 USC § 101. The court reached its...more

Foley & Lardner LLP

Federal Circuit Finds Endo Method Of Treatment Claims Satisfy 35 USC 101

Foley & Lardner LLP on

In Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit distinguished method of treatment claims that involve personalized dosing from the claims invalidated in Mayo v. Prometheus, and found them...more

Morrison & Foerster LLP

Is there a legislative fix for biotech patents?

By some accounts, we have entered a golden age for innovation in personalised medicine. Through scientific advancements in the study of genetic coding and molecular analysis, it is now possible to screen an individual for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Itagaki and Nishihara (PTAB 2016)

A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37...more

Morris James LLP

Computer Networking Technology Is Unpatentable.

Morris James LLP on

The disputed technology relates to a computer network system. The claims do not reference any customization of the compilation of hardware and software described by the specification and therefore do not confer patent...more

Latham & Watkins LLP

Early Lessons on Alice Corp. v. CLS Bank International and Section 101 From Recent Court Decisions

Latham & Watkins LLP on

Alice and its immediate aftermath in the lower courts – In Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), the US Supreme Court held that claims to “generic computer implementation” of abstract ideas are...more

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