Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged section 101 · clear
Federal Circuit Summary Before Prost, Moore , and Wallach. Appeal from the Northern District of Florida. Summary : When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses, including subject matter eligibility under…
Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap more and more medical device…
Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice . Whether a claim recites patent eligible subject…
For both patent Applicants and Patent Office Examiners, the Supreme Court’s 2014 Alice Corp. v . CLS Bank International decision has created ongoing uncertainty as to the proper scope of subject matter that should be excluded from patent protection.…
Federal Circuit Summary Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the primers used in that testing were…
Machine learning is one of the fastest growing categories of granted patents[1]. However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts under the patent-eligibility…
Federal Circuit Summary Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. On petition for rehearing en banc. Summary : Under step two of the Alice framework, whether a claim element or combination…
Written by: Scott Forbes and Michael L. Fuller The U.S. Patent and Trademark Office has issued new guidance to patent examiners in light of the Federal Circuit’s recent holdings in Berkheimer v. HP Inc. , 881 F.3d 1360 (Fed. Cir. 2018) and Aatrix…
In Core Wireless Licensin g S.A.R.L. v. LG Electronics, Inc. , the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems, resulting in an improved…
Written by Damien Howard and Ronald J. Schoenbaum The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district…
Written by Jeremy Anapol and Michael L. Fuller Courts increasingly rely on analogies to show that claims are not directed to patent-eligible subject matter under 35 U.S.C. § 101. For example, in Context Extraction and Transmission v. Wells Fargo Bank,…
Written by Scott Forbes and Andrew Schwaab In Shipping and Transit, LLC v. Hall Enterprises, Inc. , a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to…
