Fed Circuit Watch: Another Mayo, Another §101 Kill
Medical diagnostics patents involving a certain lab testing company named Mayo took a hit when those patents were deemed invalid under 35 U.S.C. §101. No, it’s not that Mayo case, but the one in...
Category: "101"
Fed Circuit Watch: Method of Wagering a Dice Game Bites Alice Dust
The Court of Appeals for the Federal Circuit, on the last day of the court’s calendar year, December 28, 2018, ruled on In re Marco Guldenaar Holding B.V., in what is the last 2018 case discussing...
Fed Circuit Watch: Computer Security Improvement Found Patent-Eligible
Another patent-eligibility case has made its rounds through the appeals process, as the Court of Appeals for the Federal Circuit, in an opinion dated November 16, 2018, in Ancora Techs., Inc. v. HTC...
Fed Circuit Watch: Primer and Diagnostic Method Claims Not Patent-Eligible
This is the second §101 case decided by the Court of Appeals for the Federal Circuit on October 9, 2018, Roche Molecular Systs., Inc. v. Cepheid. This case is not so remarkable because it held...
Fed Circuit Watch: Electronic Tab Patents Found Patent-Eligible
In the first of two cases analyzing patent subject matter-eligibility under 35 U.S.C. §101 decided by the Court of Appeals for the Federal Circuit, Data Engine Techs. LLC v. Google LLC, issued on...
Fed Circuit Watch: Indexing Database Lacks Patent-Eligible Subject Matter Under §101
On August 15, 2018, the Court of Appeals for the Federal Circuit issued BSG Tech LLC v. Buyseasons, Inc., which represents one additional case in the §101 jurisprudence. This particular case bears...
Fed Circuit Watch: Result-Oriented Claims Not Patent-Eligible
This case is the latest iteration of a protracted litigation between non-practicing entity Interval Licensing and AOL. In the current case, Interval Licensing LLC v. AOL, Inc., the Court of Appeals...
USPTO Issues Two Exam Memos In Light of Vanda and Berkheimer
Two recent examination guidance memoranda issued by the USPTO to assist patent examiners in examination procedures highlight the importance of two recent Fed Circuit cases: Vanda Pharmaceuticals Inc....
Fed Circuit Watch: En Banc Denied in Berkheimer and Aatrix
On May 31, 2018, the Court of Appeals for the Federal Circuit issued two per curiam orders denying petitions for en banc review. Berkheimer v. HP Inc., and Aatrix Software, Inc. v. Green Shades...
Fed Circuit Watch: Innovative Abstract Idea is Still Abstract Idea
On May 15, 2018, the Court of Appeals for the Federal Circuit handed down SAP America, Inc. v. InvestPic, LLC. The patent at-issue, U.S. Patent No. 6,349,291 (‘291) was directed to systems and...
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