Posts Tagged: Patentability


Federal Circuit Upholds Patent for Biologic Drug Enbrel; Judge Reyna Dissents

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a holding of the U.S. District Court for the District of New …
By Rebecca Tapscott
4 days ago 1

Lessons on Patent Subject Matter Eligibility from Dropbox v. Synchronoss

Since the Supreme Court decided Alice Corporation Pty. Ltd. v. CLS Bank International et al. on June 19, 2014, the number of patent application rejections by the U.S. …
By Christopher Hall
9 days ago 8

Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and …
By Rebecca Tapscott
12 days ago 1

Effects of the Alice Preemption Test on Machine Learning Algorithms

Since the Alice decision, the U.S. courts have adopted different views related to the role of the preemption test in eligibility analysis. While some courts have …
By Ali Talip Pinarbasi
22 days ago 2

CAFC Says District Court Abused Its Discretion in Granting Attorney’s Fees Under Sections 285 and 1117(a)

The U.S. Court of Appeals for the Federal Circuit today reversed a district court decision awarding attorney’s fees to Luv n’ Care Ltd. (LNC) against …
By Eileen McDermott
1 month ago 2

Chamberlain Petitions SCOTUS to Review CAFC’s ‘Refusal to Assess Claims as a Whole’ in Garage Door Opener Case

On May 15, the Chamberlain Group Inc. filed a petition for a writ of certiorari asking the U.S. Supreme Court to review the U.S. Court of …
By Rebecca Tapscott
1 month ago 27

Illumina v. Ariosa Diagnostics: A Closer Look

The Federal Circuit recently found that a method for preparing an extracellular DNA fraction from a pregnant human female and using it for analyzing a genetic locus …

Dear USPTO: Patents for Inventions by AI Must Be Allowed

On July 29, 2019, U.S. patent application serial number 16/524,350 was filed with the U.S. Patent and Trademark Office (USPTO), with the sole inventor identified as artificial intelligence …
By Kirk Hartung
2 months ago 36

McRO Patent Upheld Again at Federal Circuit, But Not Infringed

The U.S. Court of Appeals for the Federal Circuit, in a precedential decision authored by Judge Taranto, today affirmed-in-part, vacated-in-part and remanded a decision of the …
By Eileen McDermott
2 months ago 1

Plants and Animals Exclusively Obtained by Biological Processes Not Patentable at EPO

The Enlarged Board of Appeal (EBA) of the European Patent Office published opinion G 3/19 “Pepper” on Thursday, May 14, holding that plants and animals exclusively obtained by means …
By James Nurton
2 months ago 9

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part II

In Part I of this series we examined the mathematics exception to patentability and the historical underpinnings of its justification. In Part II, we will continue to …
By Jose Nunez
2 months ago 16

Flaws in the Supreme Court’s §101 Precedent and Available Ways to Correct Them

Amid the crush of patent-eligibility case law, see 35 U.S.C. §101, patent lawyers and even courts can lose sight of the key principles and precedents that serve …

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part 1

The mathematics exception for subject matter eligibility is overbroad because it was improperly justified under the premise that mathematics is like a law of nature. This is …
By Jose Nunez
3 months ago 15

Rently Asks Full Federal Circuit to Rehear Lockbox Patent Eligibility Case

Last week, Consumer 2.0, Inc. d/b/a Rently filed a combined petition for panel rehearing and rehearing en banc asking the U.S. Court of Appeals for …
By Rebecca Tapscott
3 months ago 3

How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
3 months ago 19