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Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute

CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more

Claims to Printed Matter Are Patent-Ineligible Only if They Lack an Inventive Concept

C R BARD INC. v. ANGIODYNAMICS, INC. Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Claims that recited printed matter but arguably included an...more

Substitute Claims in IPR Are Subject to Section 101 Challenges

UNILOC 2017 LLC v. HULU, LLC - Before O’Malley, Wallach, and Taranto. O’Malley dissenting. Appeal from the Patent Trial and Appeal Board. Summary: The Board did not exceed its statutory authority in an inter partes...more

Result-Oriented Claims Based on Natural Laws Held Invalid Under § 101

AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Mechanical method claims involving tuning...more

A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

MYMAIL, LTD. v. OOVOO, LLC - Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California. Summary: If the parties litigating a § 101 challenge at the pleading...more

The Impact of Fact Issues on Patent Eligibility after Berkheimer

The Federal Circuit’s 2018 decision in Berkheimer v. HP Inc. was likely the most consequential development in patent eligibility since the Supreme Court introduced its two-part eligibility framework in Alice Corp. v. CLS Bank...more

Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC

Federal Circuit Summary - Before Moore, Reyna, and Wallach. Appeal from the Southern District of California. Summary: District court improperly held that claims were directed to a natural law where the claims recited a...more

How Unpredictable is the Alice Analysis?

Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101.  For example, Judge Linn...more

Recent Federal Circuit Decisions Emphasize Effect of Factual Questions on Patent Eligibility

In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more

Federal Circuit Judges Disagree Over Contours of Section 101

The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered...more

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