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Life Sciences › Patent-Eligible Subject Matter › Prior Art

McDermott Will & Emery

In Determining Subject Matter Eligibility, the Name of the Game Is the Claim

McDermott Will & Emery on

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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 - The Patent Playbook

Federal Circuit Invalidates Device Patent As Directed to an Abstract Idea

Proskauer - The Patent Playbook on

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

Knobbe Martens

Federal Circuit Review - November 2018

Knobbe Martens on

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

Foley & Lardner LLP

Federal Circuit Finds Detection Claims Invalid Under 101

Foley & Lardner LLP on

In Roche Molecular Systems, Inc. v. Cepheid, the Federal Circuit affirmed the summary judgment decision of the U.S. District Court for the Northern District of California that held nucleotide primer claims and detection...more

Knobbe Martens

Federal Circuit Finds Life Sciences Subject Matter Patent Eligible

Knobbe Martens on

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion vacating the summary judgment of invalidity of U.S. Patent No. 7,604,929 (“the ’929 Patent”) and sent the case back to the District Court...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Issues Subject Matter Eligibility Update

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On May 5, 2016, the USPTO published a Memorandum to the Patent Examining Corps titled “Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant’s Response to a Subject Matter Eligibility Rejection.” The...more

Kilpatrick Townsend & Stockton LLP

Federal Circuit Remands IPRs to PTAB for Reference Consideration

Kilpatrick Townsend & Stockton LLP on

The non-invasive prenatal testing field has been an active area for patent challenges. Ariosa has challenged patents held by competitors Sequenom and Verinata. The latter is patent owner in two IPR proceedings challenging...more

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