Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Patentability

En banc Federal Circuit to hold oral argument Friday regarding patentability of software patents (CLS Bank v. Alice)

Posted in Appeals, Litigation
This Friday, February 8, an en banc United States Court of Appeals for the Federal Circuit will hear oral arguments in CLS Bank Int’l v. Alice Corp. Pty. Ltd. (No. 2011-1301), the latest Federal Circuit case to deal with the patentability of software-related patents and so-called business methods.  Given that the technologies claimed in many standard-essential … Continue Reading

Patent Alert: Federal Circuit creates permissive patent eligibility standard for computer-implemented inventions (CLS v. Alice)

Posted in Patent Alerts
UPDATE:  The Federal Circuit has vacated its decision and will take this case up en banc in early 2013.  Please see our October 9, 2012 post for more details. SECOND UPDATE: The Federal Circuit issued an en banc decision holding the claims invalid.  Please see our May 13, 2013 post for more details. Today, Mon., … Continue Reading

Patent Alert: Supreme Court rules drug administration process unpatentable because it simply applied law of nature to otherwise conventional drug treatment procedures (Mayo v. Prometheus)

Posted in Patent Alerts
Yesterday, Tues., Mar. 20, 2012, in Mayo Collaborative Svcs v. Prometheus Labs, No. 10-1150, the Supreme Court (Breyer) unanimously reversed the Federal Circuit and ruled that a claimed process for assessing proper drug dosage was unpatentable under Section 101 because it was broadly directed to simply applying a law of nature in otherwise conventional drug treatment … Continue Reading

Patent Alert: Federal Circuit decides classic invalidity defenses to avoid abstract patentable subject matter defense (MySpace v. Graphon)

Posted in Patent Alerts
Today, Fri., Mar. 2, 2012, in MySpace v. Graphon, No. 2011-1149, the Federal Circuit (Newman, Mayer (dissenting) and Plager) affirmed summary judgment that patent claims directed to accessing a database over a network were invalid as anticipated or obvious over the prior art… Continue Reading

Patent Alert: Federal Circuit rules that real property investment tool patent was not patentable (Ft. Properties v. Am. Master Lease)

Posted in Patent Alerts
Today, Mon., Feb. 27, 2012, in Fort Properties v. American Master Lease, No. 2009-1242, the Federal Circuit (Prost, Schall and Moore) affirmed summary judgment invalidating as unpatentable subject matter claims directed to a real property investment tool.  This case provides a good summary of the current state of the law on patentable subject matter, particular for … Continue Reading