On June 6, 2023, the Senate Judiciary Committee's Subcommittee on Intellectual Property introduced a Bill entitled “Patent Eligibility Restoration Act of 2023” (PERA) aiming to amend the law relating to patent subject matter...more
Cosmokey v. Duo Security is more about the Federal Circuit than the patented authentication method accused of being a patent-ineligible abstract idea. The court’s analysis is remarkable for at least two reasons. It skipped...more
One of the more intellectually dishonest aspects of current patent eligibility law is that it allows one to ignore certain claim elements when evaluating claims under 35 U.S.C. § 101. In Mayo v. Prometheus, it was stated...more
On October 23, 2020, in a remarkable order demonstrating how a “bitterly divided” Federal Circuit views post-Alice patent eligibility jurisprudence, the court denied the motion of American Axle & Manufacturing, Inc. (“AAM”)...more
Introduction - Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789. The District Court ruled that all three patents were valid...more
In a post-truth world, it is more tempting than ever to evaluate data based on gut instinct, intuition, and anecdotal evidence. It is thus refreshing when results of a robust statistical analysis are published, even if the...more
In CardioNet, LLC v. InfoBionic, Inc., the Federal Circuit found that the medical device claims at issue were “directed to” patent-eligible subject matter under 35 USC § 101. The district court had reached the opposite...more
On October 18, 2019, in view of comments received, the US Patent and Trademark Office (PTO) issued an update to the 2019 Patent Eligibility Guidance (PEG), which became effective January 2019. The update is similar to the...more
Partner Mauricio Uribe hosted a webinar presenting, "Trends and Changes in View of the USPTO's Updated Revised Guidance." Topics Include: • Summary of the October 2019 Update to the Revised Guidance •...more
The USPTO has released updated subject matter eligibility guidance that incorporates comments on the changes made in January 2019.The guidance is 22 pages long, with three appendices and 87 footnotes. Below are a few of the...more
Late last week, the United States Patent and Trademark Office (USPTO) published updated guidance to patent examiners for evaluating subject matter eligibility. This update was in response to comments received in response to...more
In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the...more
On April 17, 2019, Senators Tillis (R-NC) and Coons (D-DE), along with a bipartisan group of three members of the House of Representatives, announced the release of a framework on Section 101 patent reform. Senators Tillis...more
The lack of clarity in the law with regards to patent subject matter eligibility under 35 U.S.C. § 101 has made it difficult for patent attorneys to advise their clients with regards to patent protection for software...more
On Monday, January 7, 2019, a revised guidance for subject matter eligibility (USPTO Section 101 Revised Guidance) will take effect at the USPTO. With the newly revised guidance, the USPTO aims to clarify and standardize the...more
Over the past few years, a dramatic number of blockchain-related patent applications have been filed at the U.S. Patent & Trademark Office (USPTO). Blockchain innovations may be categorized as software-use cases and thus may...more
On August 2nd 2017, the USPTO hosted a Bicoastal Biotechnology/Chemical/Pharmaceutical Customer Partnership that focused on the USPTO’s current thinking on patent-eligibility. The meeting followed the USPTO’s June 25th, 2017...more