Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Section 101

RANDomness

Posted in RANDomness
We recently prepared a Patent Alert on the Federal Circuit’s decision (penned by Chief Judge Rader) in Ultramercial v. Hulu, where the court reversed a district court’s prior finding (on a motion to dismiss) that Internet-related patent claims were not patentable subject matter under Section 101.  At IP Watchdog, Eric Guttag says that Judge Rader … Continue Reading

Patent Alert: Federal Circuit rules Internet-related computer-implemented invention is patent eligible (Ultramercial v. Hulu)

Posted in Patent Alerts
On June 21, 2013, in Ultramercial v. Hulu, No. 2010-1544, the Federal Circuit (Rader, Lourie (concur), O’Malley) reversed the district court’s grant of a Rule 12(b)(6) motion to dismiss on grounds that the computer-implemented invention was not patent eligible under § 101.  This case provides incremental insight into the patent eligibility of computer-implemented inventions following … Continue Reading

RANDomness

Posted in RANDomness
Last week, the U.S. Supreme Court issued its unanimous opinion in Association for Molecular Pathology v. Myriad Genetics, where the Court held that Myriad’s claims on isolated genes were not patent-eligible subject matter under Section 101.  Patently-O has a good round-up on the decision, as well as some thoughts from various members of the patent … Continue Reading

Patent Alert: En banc Federal Circuit indecisive on patent eligibility of computer-implemented inventions (CLS v. Alice)

Posted in Appeals, Patent Alerts
Last Friday, May 10, 2013, in CLS Bank v. Alice Corp., No. 2011-1301, the Federal Circuit (en banc) issued a very divided decision in which a majority of the court affirmed that method, computer-readable medium and system patent claims on a computer-implemented invention were not patent eligible under § 101, but there was no majority … Continue Reading

RANDomness: Trashing the patent system?

Posted in RANDomness
A draft of this particular paper has been floating around for months, but two economics professors from the St. Louis Federal Reserve, Michele Boldrin and David K Levine, have finally published their paper titled “The Case Against Patents” in the winter 2013 issue of the Journal of Economic Perspectives.  At the Brookings Institution, Senior Researcher … Continue Reading

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 to review en banc patent eligibility of computer-implemented inventions (CLS Bank v. Alice)

Posted in Patent Alerts
UPDATE: The Federal Circuit issued an en banc decision holding the claims invalid.  Please see our May 13, 2013 post for more details. Today, Tues., Oct. 9, 2012, in CLS Bank v. Alice Corp., No. 2011-1301, the Federal Circuit ordered rehearing en banc on the patent eligibility of computer-implemented inventions.  The CLS Bank original, and now vacated, decision found a stock trading … Continue Reading

Patent Alert: Federal Circuit clarifies patent eligibility for biomedical arts (Myriad)

Posted in Patent Alerts
Today, Thu., Aug. 16, 2012, in Ass’n for Molecular Pathology v.  USPTO (“The Myriad Case”), , No. 2010-1406, the Federal Circuit (Lourie, Bryson (concur/dissent) and Moore (concur)) issued its anticipated decision in the Myriad case on whether certain composition and method claims to isolated DNA molecules were patentable subject matter.  This Myriad decision will have a substantial impact in the biomedical, chemical … Continue Reading

Patent Alert: Federal Circuit revives patent eligibility defense against computer-based patents (Bancorp v. Sun Life)

Posted in Patent Alerts
Today, Thu., July 26, 2012, in Bancorp v. Sun Life, No. 2011-1467, the Federal Circuit (Lourie, Prost and Wallach) revived the § 101 patent eligibility defense against computer-based inventions, holding that claims to a method for administering and tracking the value of life insurance policies were not patentable because the computer limitations were not “integral to … 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
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