News & Analysis as of October 19, 2024

Section 101

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Federal Circuit Patent Watch: An Expert Need Not Have Acquired the Requisite Skill Level Prior to the Time of the Invention

WilmerHale on 9/12/2024

Precedential and Key Federal Circuit Opinions - WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC. [OPINION] (2022-1884, 8/28/2024) (Prost, Taranto, and Chen) - Prost, J. The Court affirmed two final judgments of the...more

Texas Patent Litigation Monthly Wrap-Up: July 2024

Fish & Richardson on 8/19/2024

Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR),...more

Not Just a Blip: Section 101 as Affirmative Defense

McDermott Will & Emery on 8/15/2024

On appeal from a motion to dismiss based on subject matter eligibility, the US Court of Appeals for the Federal Circuit held that a district court appropriately analyzed certain claims as representative claims and that the...more

Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

McDermott Will & Emery on 8/1/2024

On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in...more

House Rules: Remote Gambling Activity Claims Go Bust

McDermott Will & Emery on 7/19/2024

The US Court of Appeals for the Federal Circuit applied the Alice/Mayo framework to assess whether claims directed to remote gambling were patent eligible under 35 U.S.C. § 101 and determined that the claims were directed to...more

Eye on IPRs, April 2024: PTAB’s Analogous Art Finding Upheld by Federal Circuit, Blockchain Gemstone Identifying Process Patent...

Erise IP on 4/18/2024

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Affirms PTAB’s Analogous Art Finding - As IP Watchdog...more

Claim Construction When Uniformly Referring to Aspects of an Invention

Knobbe Martens on 4/10/2024

Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more

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

Sheppard Mullin Richter & Hampton LLP on 4/9/2024

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

4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

Kilpatrick on 2/26/2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more

Senior Circuit Judge Issues Split Decision on Patent Eligibility of Claims Directed to Restricting Access to Computer Files

Akin Gump Strauss Hauer & Feld LLP on 10/27/2023

Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more

Trinity Info Media, LLC, fka Trinity Intel Media, LLC, v. Covalent, Inc., No. 2022-1308 (Fed. Cir. July 14, 2023) (“Opinion”)

Sheppard Mullin Richter & Hampton LLP on 10/9/2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101...more

Invoking Generic Need for Claim Construction Won’t Avoid § 101 Dismissal

McDermott Will & Emery on 7/27/2023

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing...more

The Judicial Response to Eligibility Post-Hantz

BakerHostetler on 4/28/2023

On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101...more

Sequoia Technology LLC v. Dell Inc. (Fed. Cir. 2023)

McDonnell Boehnen Hulbert & Berghoff LLP on 4/24/2023

The patent statute requires that, to be patentable, the subject matter of an invention must be at least one of a process, machine, article of manufacture, or composition of matter. It is hard to find examples of things that...more

Branding Function Patent Yet Another 1[01] to Bite the Dust

McDermott Will & Emery on 4/20/2023

Addressing the patentability of claims directed to digital image branding functions, the US Court of Appeals for the Federal Circuit affirmed a district court’s determination that claims across three related patents were...more

Latest Federal Court Cases - April 2023 #3

Schwabe, Williamson & Wyatt PC on 4/18/2023

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

Latest Federal Court Cases - October 2022 #3

Schwabe, Williamson & Wyatt PC on 10/25/2022

International Business Machines Corp. v. Zillow Group, Inc. et al., Appeal No. 2021-2350 (Fed. Cir. 2022) - In this week’s Case of the Week, the Federal Circuit affirmed a Rule 12(c) judgment on the pleadings that IBM’s...more

Standard Techniques Applied in Standard Way to Observe Natural Phenomena? Not Patent Eligible

McDermott Will & Emery on 7/28/2022

In what may be another blow to diagnostic patents, the US Court of Appeals for the Federal Circuit affirmed the patent ineligibility of claims that it held to be directed to detecting natural phenomena by conventional...more

Federal Circuit: Failure to Preserve Key Argument Blunts Section 101 Eligibility Appeal

Holland & Knight LLP on 2/17/2022

In Travel Sentry, Inc. v. Tropp, 2022 WL 443202 (Fed. Cir. Feb. 14, 2022), Mr. Tropp alleged infringement of two of his related patents. The parties agreed at the U.S. District Court for the Eastern District of New York that...more

Southern District of New York: Digital Mapping Patent Fails Under Section 101

Holland & Knight LLP on 10/12/2021

Disclosure: Holland & Knight LLP, including the authors of this blog post, represents Polar Electro in the litigation described below. In the case of Jewel Pathway LLC v. Polar Electro Inc., No. 20 CIV. 4108 (ER), 2021 WL...more

CAFC Patent Cases - September 2021 #3

WilmerHale on 10/8/2021

Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. [OPINION] (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam. Issuing writ of mandamus directing the United States District Court...more

MyMail, Ltd. v. ooVoo, LLC (Fed. Cir. 2021)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/23/2021

Two years ago, MyMail and ooVoo went to the mat in the Federal Circuit over claims that the District Court for the Northern District of California found ineligible under 35 U.S.C. § 101. Patent holder MyMail was able to...more

On the Nature of Prior Art in the 35 U.S.C. § 101 Inquiry

McDonnell Boehnen Hulbert & Berghoff LLP on 8/11/2021

Diamond v. Diehr, decided by the Supreme Court in 1981, seemed to establish a bedrock principle of statutory construction for patent law. The Court stated that "[t]he 'novelty' of any element or steps in a process, or even...more

Diehr Alice, Yu are Superimposing Novelty onto Patent Eligibility. Love, Newman.

McDermott Will & Emery on 6/24/2021

The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of a Rule 12(b)(6) motion to dismiss on the basis that, under the two-step Alice analysis, the patent claims—directed to a digital...more

Federal Circuit Confirms Data Privacy Patent Is an Invalid Abstract Idea under Section 101

Holland & Knight LLP on 3/16/2021

The U.S. Court of Appeals for the Federal Circuit looked at a patent directed to a data privacy system that described users operating mobile device apps to "socialize, bank, shop, and navigate." As users operate such apps,...more

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Patent-Eligible Subject Matter › Claim Construction › Section 101

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