Posts Tagged: patentable subject matter


Illinois District Court Finds Appliance Controller Patents Ineligible under Alice/Mayo

On November 6, the U.S. District Court for the Northern District of Illinois, Eastern Division, granted a motion to dismiss an infringement suit on the grounds that …
By Rebecca Tapscott
12 days ago 9

Rently Makes Section 101 Bid to High Court

Consumer 2.0, Inc. d/b/a Rently has filed a petition with the U.S. Supreme Court asking it to review a U.S. Court of Appeals for …
By Eileen McDermott
2 months ago 19

New Enablement-Like Requirements for 101 Eligibility: AAM v. Neapco Takes the Case Law Out of Context, and Too Far – Part I

With its recent opinion in AAM, Inc. v. Neapco Holdings, LLC, No. 18-1763 (Fed. Cir. July 31, 2020), and a 6-6 stalemate by the court’s active judges on …

Techtronic Dismisses Chamberlain Petition to SCOTUS as ‘Nothing Important’

On August 7, Techtronic Industries filed a brief in opposition to The Chamberlain Group’s petition to the U.S. Supreme Court asking for review of “whether the …
By Eileen McDermott
3 months ago 0

Rethinking the Way We Patent Diagnostics

The 2012 Supreme Court decision in Mayo Collaborative Servs. v. Prometheus Labs changed the landscape for patenting diagnostic inventions in the United States. Patent eligibility/ineligibility in the …
By Troy Groetken & Bradley Loren
3 months ago 3

Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals

Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions …

Illumina v. Ariosa: En Banc Rehearing Denied, Illumina Patents Again Upheld on Rehearing

On August 3, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing en banc and issued a modified opinion, following a …
By Rebecca Tapscott
4 months ago 2

CAFC Evenly Splits on En Banc Rehearing of American Axle’s Driveshaft Patent Case

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued Orders granting a request for panel rehearing and denying a request for rehearing …
By Rebecca Tapscott
4 months ago 26

Federal Circuit Affirms District Court’s Eligibility Analysis, Reyna Dissents

On July 14, the United States Court of Appeals for the Federal Circuit, with Judge Lourie writing for the majority, affirmed-in-part and vacated-in-part a decision of the United …
By IPWatchdog
4 months ago 13

CAFC Decision in CardioNet Should Make More Accurate Diagnostics Patentable

A strategy for the COVID-19 pandemic is testing for antibodies to determine possible immunity. Such diagnostic tests may suffer from a high false positive rate. Improving accuracy …

Amici Implore Supreme Court to Take Up Chamberlain Petition

Two amicus briefs have now been filed in The Chamberlain Group’s bid to the Supreme Court for review of “whether the Federal Circuit improperly expanded § 101’s …
By Eileen McDermott
4 months ago 21

An Emerging Section 101 Expansion to Section 112(a) Enablement? The Federal Circuit Should Stop It Now

The most dominant, divisive issue in patent law over the last decade—Section101-eligibility and the Supreme Court’s Mayo-Alice framework—appears to have just become more …

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
5 months ago 8

District Court Finds Palomar’s ‘Pick and Place’ Patent Invalid Under 101

In a follow-up to a decision earlier this month blocking an attempt by Palomar Technologies, Inc. to bar new prior art references based on IPR estoppel, the …
By Rebecca Tapscott
6 months ago 19

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
6 months ago 27