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.[1] This case is not so remarkable because it held patent claims as ineligible subject matter, but because there appears to be disjointed appellate §101 analysis applied between this case …
Category: patent eligible subject matter
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,[1] issued on October 9, 2018, a circuit panel held certain patent claims directed to electronic worksheet tabs as patent-eligible. Several other claims were found …
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.,[1] which represents one additional case in the §101 jurisprudence. This particular case bears striking resemblance to the Enfish case,[2] where the Fed Circuit upheld software claims directed to a self-referential table in a database, and therefore, …
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.[1] In the current case, Interval Licensing LLC v. AOL, Inc.,[2] the Court of Appeals for the Federal Circuit ruled on July 20, 2018, that a claim that merely recites a result without how to achieve that result was …
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. v. West-Ward Pharmaceuticals Int’l Ltd.[1] and Berkheimer v. HP Inc.[2] The Berkheimer memo issued on April 19, 2018, and the Vanda memo issued on June 7, 2018. …
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.,[1] and Aatrix Software, Inc. v. Green Shades Software, Inc.,[2] were decided by a smaller Fed Circuit panels earlier in the year. Both per curiam orders were heard before …
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.[1] The patent at-issue, U.S. Patent No. 6,349,291 (‘291) was directed to systems and methods for performing statistical analyses of investment information. In other words, the ‘291 patent claimed subject matter that was merely an innovative …
Fed Circuit Watch: Issue Preclusion Cannot Save Voting Method Patent From §101 Ax
On April 20, 2018, the Court of Appeals for the Federal Circuit held in Voter Verified, Inc. v. Election Sys. & Software LLC,[1] that in spite of a favorable prior judicial ruling (although not necessarily on §101 patent subject matter-eligibility), issue preclusion did not apply, and affirmed the patent-ineligibility holding by the district court. The …
Fed Circuit Watch: Personalized Medicine Method Claim Passes Alice Test for Subject Matter Eligibility
This case, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd.,[1] arrived to the appeals court through an unusual, but not uncommon, route: a 35 U.S.C. §271(e)(4)(A) infringement resulting from a 21 U.S.C. §355(j) application, or the Abbreviated New Drug Application (ANDA) (aka, generic drug approval process). However, the other aspect of this case is that …
Fed Circuit Watch: Still Another §101 Decision Signals Sea Change
On February 14, 2018, the Court of Appeals for the Federal Circuit handed down Aatrix Software, Inc. v. Green Shades Software, Inc.,[1] which signals a possible sea change in the §101 patent-eligibility analysis and potentially give patent holders some ammunition to fight invalidation of their patents. This opinion also tracks the rather complex federal court …