News & Analysis as of

Patent-Eligible Subject Matter Means-Plus-Function Section 101

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Fitch, Even, Tabin & Flannery LLP

Federal Circuit Vacates Jury Verdict and Damages for Multiple Errors

On June 16, in Optis Cellular Technology v. Apple Inc., the Federal Circuit issued a decision reversing the district court on multiple grounds, including § 101 patent eligibility and trial procedure, in vacating infringement...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

Holland & Knight LLP

Bloomberg Law: There is a Lack of Consensus among Stakeholders on Patent Eligibility Reform

Holland & Knight LLP on

As we know, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) introduced a draft bill months ago that would "reform Section 101 of the Patent Act" and followed that up with a series of congressional hearings. Senator...more

WilmerHale

USPTO Issues Revised Patent Subject Matter Eligibility Guidance and Guidance for Examining Computer-Implemented Functional Claims...

WilmerHale on

The USPTO has issued updated guidance for examiners and administrative patent judges (APJs) relating to subject matter eligibility under 35 U.S.C. 101 and examining computer-implemented functional claim limitations under 35...more

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

WilmerHale

Federal Circuit Patent Updates - August 2018

WilmerHale on

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Knobbe Martens

Federal Circuit Review - July 2017

Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Proskauer - New England IP Blog

Forecast Unfavorable for Inventory Software Patent

Ever since the Supreme Court’s decision in Alice Corp. v. CLS Bank shifted the contours of patent-eligible subject matter, district courts have wielded the two-part test set forth in that decision to dispatch scores of...more

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