Posts

Federal Circuit upholds subject matter eligibility of “method of preparation” claims in rehearing of Illumina v. Ariosa Diagnostics

Illumina v Ariosa rehearing “Method of preparation” claims survive §101 challenge at the Federal Circuit

Federal Circuit calls a re-do, and then doubles down on misplaced 112 analysis in AAM v. Neapco

Sigh. On July 31, 2020, the Federal Circuit declined to hear AAM v. Neapco en banc (AAM v. Neapco denial of en banc hearing, but granted a petition for a panel rehearing, which didn’t mean “rehearing” so much as “we’ll add a few lines to our original opinion that actually manage to make things worse.”  […]

While declining to adopt a “bright-line test that mental processes capable of being performed by fish are not patent eligible”

The Federal Circuit nonetheless determines that claims directed to a method of fishing are directed to an abstract idea.  In re Rudy, Appeal No. 2019-2301, Fed. Cir., April 24, 2020. But kudos to the pro se inventor’s persistence.  The application at issue – USSN 07/425,360 – was filed in October 21, 1989 and has thus […]

Supreme Court denies cert in both Vanda and HP v. Berkhimer

Leaving the only possibility for Section 101 reform this year with Congress. Sadly, legislative reform seems unlikely this year – after much action in the summer of 2019, nothing happened.  And now, the likely champions for reform, Senators Coons and Tillis, are both up for reelection.  SCOTUS order list 13JAN2020

You had me (but apparently not the Federal Circuit) at “propshaft” – Federal Circuit invalidates patent directed to driveshaft technology

In American Axle Manufacturing Inc. v. Neapco Holdings LLC, case number 18-1763, AAM v Neapco the US Court of Appeals for the Federal Circuit affirmed a grant of summary judgement from the District of Delaware finding American Axle Manufacturing’s (AAM’s) method ineligible for patent protection under 35 USC §101. AAM sued Neapco for patent infringement […]

PTO Releases New Subject Matter Eligibility Guidance

The release Update with Appendix Oct 2019 includes guidance on determining whether a claim recites one or more abstract idea(s) and if so, if the abstract idea(s) is/are limited to practical applications of the idea, additional examples in the life sciences and data processing categories and a table of cases from the Supreme Court and […]

Tug Toy Survives §101 Challenge on Motion to Dismiss

FYF-JB, LLC sued Pet Factory for allegedly infringing its tug-toy patent.  Pet Factory responded with a motion to dismiss, arguing that the asserted claims are not patent eligible, and further, noncompliant with 35 USC §112.  FYF-JB v Pet Factory In particular, FYF-JB’s tug-toy patent (US 9,681,643) describes that a need existed in the art for […]

Claims directed to method of detecting a mutation in dog DNA held patent ineligible under §101

On August 9, 2019, the US Court of Appeals for the Federal Circuit so held.  The patent covered ways to genotype Labrador Retrievers for the presence of a mutation in the SUV39H2 gene associated with Hereditary Nasal Parakeratosis (HNPK).  The invalidated claims were directed to methods of genotyping and required only obtaining a biological sample, […]