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Life Sciences Abstract Ideas

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more

Proskauer - Life Sciences

Federal Circuit Invalidates Device Patent As Directed to an Abstract Idea

Nearly seven years after the landmark Supreme Court decision in Alice Corp. v. CLS Bank Int’l, subject matter eligibility for patent claims under 35 U.S.C § 101 remains a moving target. In Alice, the Court found claims for a...more

Kramer Levin Naftalis & Frankel LLP

Federal Circuit Holds Stanford’s Genetics Method Claims Abstract Under Section 101

On March 25, the Federal Circuit issued an opinion in In re Board of Trustees of the Leland Stanford Junior Univ., No. 2020-1288 (Fed. Cir. Mar. 25, 2021), affirming the Patent Trial and Appeal Board’s rejection of the...more

Manatt, Phelps & Phillips, LLP

Invention Directed Solely to Printed Matter Held Not Patent Eligible

C. R. Bard Inc. and Bard Peripheral Vascular, Inc. (collectively, Bard), and AngioDynamics, Inc., manufactured vascular access ports that were inserted under a patient’s skin to enable medical providers to insert fluid into...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2020

Holland & Knight LLP on

Light a fire, pour yourself some glogg (21+) and find a comfy corner to read about the biggest Section 101 stories of 2020 because we're gonna have the hap-hap-happiest time since Bing Crosby tap-danced with . . . Well, you...more

Kramer Levin Naftalis & Frankel LLP

The Federal Circuit Reinforces the Breadth of the Printed Matter Doctrine

Over the past decade, the “printed matter doctrine” has rarely been invoked in life sciences cases, but recently on Nov. 10, the Federal Circuit issued a decision in C R Bard Inc. et al. v. Angiodynamics, Inc., No. 2019-1756,...more

Mintz - Intellectual Property Viewpoints

Sort It Out: Cell Sorting Method with Data Processing Steps Patent Eligible

In XY, LLC v. Trans Ova Genetics, LC (Case 2019-1789, issued July 31, 2020), the Federal Circuit provided another example of a life sciences method claim avoiding patent ineligibility under the Alice framework at step one,...more

Sunstein LLP

Upgrade of Appeal Board Decisions Sought to Help Patent Medical Innovations

Sunstein LLP on

The Director of the Patent and Trademark Office (PTO) has been asked to upgrade the status of two recent decisions of the Patent Trial and Appeal Board (PTAB), which determined that two medical innovations are eligible to be...more

Knobbe Martens

Trends and Changes in View of the USPTO’s Updated Revised Guidance (Presentation)

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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

Troutman Pepper

Updated Guidance on Section 101 Subject Matter Eligibility

Troutman Pepper on

On October 17, 2019, the U.S. Patent and Trademark Office issued a 22-page updated guidance document on subject matter eligibility under 35 USC §101.  Subject matter eligibility is becoming increasingly important in the...more

Foley & Lardner LLP

USPTO October 2019 Patent Eligibility Guidance Update Includes New Guidance And Examples For Life Sciences

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The USPTO has released additional patent eligibility guidance to supplement the guidance released in January. While much of the October 2019 Patent Eligibility Guidance Update relates to claims falling under the “abstract...more

MoFo Tech

A New Year's Gift for Patent Applicants?

MoFo Tech on

USPTO Clarifies Subject Matter Eligibility with New Guidance - The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty...more

Knobbe Martens

Federal Circuit Review - November 2018

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Federal Circuit Finds Claims Directed to Tabbed Spreadsheets Patent Eligible and Claims Directed to Tracking Changes in Documents Ineligible Under Section 101 - In Data Engine Technologies LLC v. Google LLC, Appeal No....more

Knobbe Martens

Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens on

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

McAfee & Taft

Two-step analysis to assist in determining patent eligibility

McAfee & Taft on

Napoleon Hill once famously said, “Whatever the mind of man can conceive and believe, it can achieve.” However, what the mind of man can conceive is not necessarily patentable. Courts have long held that laws of nature,...more

Knobbe Martens

Guide to the U.S. Patent Office’s Materials on Subject Matter Eligibility

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Since 2014, the USPTO has periodically issued examination guidance, analysis examples, and other insights to guide evaluation of patent subject matter eligibility under 35 U.S.C. § 101. These documents are available on the...more

Foley & Lardner LLP

USPTO Update on Patent-Eligibility for Life Science Inventions

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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

Fenwick & West LLP

USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

Fenwick & West LLP on

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing...more

Fenwick & West LLP

USPTO Updates Alice Guidance with Examiner Instructions, More Work Needed

Fenwick & West LLP on

On May 4, the USPTO issued a new memorandum for patent examiners, “Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection” (“Examiner...more

K&L Gates LLP

U.S. Patent Office Issues New Examples of Patent Eligibility Analysis of Life Sciences Claims

K&L Gates LLP on

On May 4, 2016, the United States Patent Office published a subject matter eligibility update for determining patent eligibility under 35 U.S.C. § 101. The Update supplements the previous guidelines and includes additional...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Update to Subject Matter Eligibility Guidance

In a notice published in the Federal Register (88 Fed. Reg. 27381) on Friday, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. The notice,...more

BakerHostetler

USPTO Releases Next Iteration of Examiner Guidance on Patent Subject Matter Eligibility

BakerHostetler on

On May 5, 2016, the USPTO released an update to its examiner guidance on patent subject matter eligibility. The update includes a new set of life science examples, a memorandum to the patent examining corps with instructions...more

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