News & Analysis as of

Patent Act Patent Litigation Patent-Eligible Subject Matter

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

Baker Donelson on

As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

Seyfarth Shaw LLP

USPTO Guidelines Define the Role of AI in Patent Inventorship

Seyfarth Shaw LLP on

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are...more

Smart & Biggar

Federal Court declines to grant injunction for infringement of HUMIRA formulation patent

Smart & Biggar on

On December 4, 2023, the Federal Court issued its public judgment and reasons in two patent infringement actions pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations (“Regulations”) and two patent...more

AEON Law

Split Decision on Patents for Restricting Access to Computer Files

AEON Law on

A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2023 #2

In re: John L. Couvaras, Appeal No. 2022-1489 (Fed. Cir. June 14, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeals Board decision that a patent application’s...more

BakerHostetler

Will the Supreme Court Reevaluate the Subject Matter Eligibility of Diagnostic Claims?

BakerHostetler on

Since the Supreme Court’s decisions in Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc., 566 U.S. 66 (2012), and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014), “diagnostic” patent claims have repeatedly...more

McDonnell Boehnen Hulbert & Berghoff LLP

Can Judge Michel (and John Duffy) Convince the Supreme Court to Revisit Subject Matter Eligibility?

Einstein's aphorism that doing the same thing over and over again and expecting a different outcome is a hallmark of madness (or at least an inability to learn from the past) inevitably comes to mind when perusing the recent...more

BakerHostetler

The Scope of Eligibility

BakerHostetler on

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McCarter & English, LLP

New Bill Seeks to Remove Long-Standing Roadblock to Patent Protection

Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving...more

AEON Law

Patent Poetry: Federal Circuit Rules AI Can't Invent

AEON Law on

The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law. (We wrote about this issue way back in 2017, by the way…)... ...more

Proskauer - Life Sciences

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

Haug Partners LLP

Alice in 101-derland

Haug Partners LLP on

In a June 11, 2021 decision, Yu v. Apple Inc., a Federal Circuit panel issued a precedential decision, with a dissent, upholding the invalidation of patent claims to a digital camera on a motion to dismiss. The claims were...more

Bradley Arant Boult Cummings LLP

Court Decision Means that Antibody Patenting Is Not Getting Easier

Patenting antibodies has long been challenging. Although most inventions can be patented based on their functionality, assuming the functionality is new and non-obvious, for antibodies and other biomolecules there is a higher...more

Smart & Biggar

The Best of the Decade – Canadian Patent Law in the 2010s

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The 2010s saw many developments in Canadian patent law.  Establishment of a trade agreement with the European Union, ratification of an international IP treaty, implementation of a national IP strategy, and other domestic...more

Morgan Lewis

Protecting Diagnostic Methods Athena's Patent Eligibility Wisdom

Morgan Lewis on

At the same time Congress is weighing a proposal that would amend Section 101 of the Patent Act, Athena Diagnostics has asked the US Supreme Court to review its diagnostic method patent case and thus clarify the Court’s...more

Fenwick & West LLP

Patent Eligibility Reform in Congress: Updates on the Tillis-Coons Proposal

Fenwick & West LLP on

In April, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely...more

WilmerHale

Can Juries Decide Patent Eligibility Under 35 U.S.C. § 101?

WilmerHale on

No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. § 101. After not having decided a § 101 case in nearly a decade, the Supreme Court issued four § 101 decisions in as...more

Burr & Forman

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

Burr & Forman on

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Fenwick & West LLP

Judge Mayer’s Concurrence in IV Shows the Problem with Judicially Created Exceptions

Fenwick & West LLP on

The press is all abuzz with reactions to Judge Mayer’s concurring opinion bluntly stating that “claims directed to software implemented on a generic computer are categorically not eligible for patent.” Intellectual Ventures...more

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