Posts Tagged: Alice-Mayo Framework


Claims not directed to abstract results when reciting specific steps that accomplish a desired result

According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the …

Federal Circuit says Finjan virus-screening method not abstract, is patent eligible

In Finjan, Inc. v. Blue Coat Systems, Inc., the United States Court of Appeals for the Federal Circuit recently affirmed-in-part, reversed-in-part, and remanded the case to the …
By John M. Rogitz
3 days ago 0

Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress

In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
By Steve Brachmann
13 days ago 3

Federal Circuit Curtails Alice: Economic arrangements using generic computer technology ‘significant, if not determinative’

On December 8, 2017, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Inventor Holdings, LLC v. Bed Bath & Beyond, Inc. (2016-2442) that …
By John M. Rogitz
1 month ago 51

Software Patent Eligibility at the Federal Circuit 2017

If there was a theme that emerged in 2017 it is the necessity to have what is specifically innovative disclosed in the claims. While not a particularly new …
By Gene Quinn
1 month ago 207

Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification

In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …

Patent battle over generic Inomax leaves five Mallinckrodt patents invalid as naturally occurring phenomenon

A memorandum signed by Judge Sleet shows that Mallinckrodt’s patents were invalidated under the Section 101 patentability standard set by the U.S. Supreme Court in 2012’s …
By Steve Brachmann
4 months ago 4

A Software Patent Discussion with Matt Levy

It is probably fair to say that Matt Levy’s views are contrary to mine with respect to many patent related matters, but particularly so with respect …
By Gene Quinn
9 months ago 64

The coupling of § 101 and § 112, and what it means for patent practitioners

A recent opinion by the Federal Circuit suggests that there will be considerable uncertainty about the respective boundaries of §§ 101 and 112 in the years ahead. In Trading Technologies …
By John Cox, PhD & Michael Nullet
10 months ago 9

Have We Gone Too Far to Eradicate Weak Patents?

Asking whether the industry has gone too far to eradicate weak patents misses the point entirely, and to some extent will allow those who want the patent …
By Gene Quinn
11 months ago 8

Rule 36: The Ides of March for the Federal Circuit?

Based on how often the Supreme Court reverses the Federal Circuit, what percentage of the Court’s Rule 36 decisions are wrong? Perhaps 90% of them? Then again it …
By Peter Harter & Gene Quinn
11 months ago 3

Revolutionary JP Morgan software capable of doing contract review likely patent ineligible in the U.S.

JP Morgan has created revolutionary software capable of doing in seconds the same work that it would take a large team of lawyers 360,000 hours to complete. Clearly, …
By Gene Quinn
11 months ago 77

Congress Needs to Act So Alice Doesn’t Live Here (in the Patent System) Anymore

The impact of Alice has been just what one would expect. The decisions of the USPTO examining corps, USPTO Patent Trial & Appeal Board, and lower courts have …
By Manny Schecter
11 months ago 36

A Few Thoughts on the Supreme Court’s Section 101 Jurisprudence

I am particularly concerned about the impact this case law has on the patent application process. Instead of focusing on novelty and clarity, examiners and applicants alike …
By Senator Chris Coons
12 months ago 116

IPO adopts resolution supporting legislation to amend 35 U.S.C. § 101

IPO supports legislation because the patent eligibility test created by the U.S. Supreme Court is difficult to apply and has yielded unpredictable results for patent owners …
By Gene Quinn
12 months ago 25