Patent Litigation, Patent-Eligible Subject Matter, Federal Rules of Civil Procedure

Texas Round-Up: February 2025

Fish & Richardson on 3/13/2025

This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

BakerHostetler on 2/9/2024

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more

The Scope of Eligibility

BakerHostetler on 3/28/2023

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more

Data Processing Software Checks Out as Patent Eligible

McDermott Will & Emery on 12/23/2019

Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s judgment on the pleadings under 35 USC § 101, finding claims related to error checking...more

Where There’s a Claim Construction Dispute, Resolve It Before Ruling on Ineligibility

McDermott Will & Emery on 10/7/2019

Addressing patent eligibility under 35 USC § 101, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s decision for failure to address the parties’ claim construction dispute before ruling...more

Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting

Foley & Lardner LLP on 8/13/2019

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the...more