Posts Tagged: patent eligible
Federal Circuit Affirms Athena’s Diagnostic Method Claims Are Patent Ineligible as Directed to a Law of Nature
The Federal Circuit recently issued an opinion affirming the decision of the United States District Court for the District of Massachusetts, which held that Athena’s medical …
First PTAB Reversals Under New Subject Matter Eligibility Guidance
Since having been sworn in as the new director of the U.S. Patent and Trademark Office (USPTO) in February 2018, Andrei Iancu has led the charge to …
The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation
Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
Anatomy of a Valuable Patent: Building on the Structural Uniqueness of an Invention
From a conceptual standpoint, it would seem logical to assume that writing text to describe a particular invention ought to be easy for the inventor of that …
Other Barks & Bites for Friday, February 8
This week in Other Barks & Bites: the Federal Circuit affirms a Section 101 invalidation of patent claims in favor of Mayo Collaborative Services; Apple wins an order to …
As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets
The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable stability is confirmed by the AIPLA Economic Survey, our …
Director Iancu Should Personally Conduct Video Training Explaining Section 101 Guidance
During the interview with Technology Center Director Tariq Hafiz we discussed whether it is realistic to expect patent examiners to perform a complete Section 101 analysis, including comparing …
How Can I Sell an Idea for Profit? Unlocking the Idea-Invention Dichotomy
Selling an idea and waiting for lottery-like winnings to arrive at your doorstep seems to be the American dream. It is certainly the dream of every inventor, …
Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal
Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Glasswall Solutions Limited v. Clearswift Ltd., affirming a district court’s …
Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility
The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on patent eligibility in several cases. And it has carried out virtually none of …
PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance
The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in advance of the hearing but added that parties may submit …
A New Court and a New Fix for Alice and Patent Eligibility under Section 101
In Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17-1272, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration …
In CAFC Holding Finding Dice Games Abstract, Judge Mayer Delivers Concerning Concurrence
On December 28, 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion in In re Marco Guldenaar Holding B.V. (2017-2465) in which the …
Software Patent Drafting Lessons from the Key Lighthouse Cases
Obtaining a U.S. software patent is still harder than it was five years ago, but studying these "lighthouse" cases can improve one's chances of success. While …
Don’t Dismiss State Street: Ancora Decision Reiterates Relevance of Concrete and Tangible Test for Software
Judge Rich was attempting to articulate a test that would allow the decision maker to determine whether there is in fact an innovation; an invention that we …
