News & Analysis as of

Life Sciences Abstract Ideas Section 101

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

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

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

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

Knobbe Martens on

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

Foley & Lardner LLP on

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

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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