Patent Law Weblog
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- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
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Category: Patentable Subject Matter
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By Michael Hinrichsen*, Anthony D. Sabatelli**, andJonathan Schuchardt*** — Buried amidst the flurry of recent Federal Circuit subject matter eligibility decisions is a question that could significantly change how Section 101 is applied in patent litigation. Specifically, the issue is whether performing Step 2 of the Mayo/Alice test can require a factual inquiry. If upheld,…
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By Michael Borella — Background Cellspin sued Fitbit and thirteen other defendants in the Northern District of California alleging infringement of U.S. Patent Nos. 8,738,794, 8,892,752, 9,749,847, and 9,258,698. The defendants filed a motion to dismiss, alleging invalidity of the patents under 35 U.S.C. § 101. As an example of one of the asserted claims, claim…
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By Donald Zuhn — Last month, in Illumina, Inc. v. Natera, Inc., District Judge Susan Illston of the U.S. District Court for the Northern District of California denied a motion to dismiss filed by Defendant Natera, Inc., to dismiss a complaint filed by Plaintiff Illumina, Inc. against Natera. Illumina initiated the dispute between the parties…
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By Donald Zuhn — In a memorandum distributed to the patent examining corps last month by Robert W. Bahr, Deputy Commissioner for Patent Examination Policy at the U.S. Patent and Trademark Office, the Office addresses a recent decision by the Federal Circuit in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals. The memorandum notes that claims at…
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Cloud Computing Claims Deemed Patent-Ineligible By James Korenchan — This month, in an infringement case against Defendant Amazon, Judge Stark of the U.S. District Court for the District of Delaware ruled that Plaintiff Kaavo Inc.'s cloud computing claims are patent-ineligible under 35 U.S.C. § 101. In related cases dating back to 2016, the Court ordered…
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By Kevin E. Noonan — "You consider that to be important?" he asked."Exceedingly so.""Is there any point to which you would wish to draw my attention?""To the curious incident of the dog in the night-time.""The dog did nothing in the night-time.""That was the curious incident," remarked Sherlock Holmes. "The Adventure of the Silver Blaze," The…
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Claims for Managing and Delivering Targeted Advertising Data Found Invalid under Covered Business Method (CBM) Patent Review By James Korenchan — On June 11, 2018, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Dish Network Corp./LLC (collectively,…
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Method of Pulling Pipe Beneath Obstacle Not Directed to Patent Ineligible Abstract Idea By Donald Zuhn — Last month, in Borehead, LLC v. Ellingson Drainage, Inc., District Judge Patrick J. Schiltz of the U.S. District Court for the District of Minnesota denied a motion to dismiss filed by Defendants Ellingson Drainage, Inc. and QuickConnect LLC…
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Method of Treatment Claims Patent Eligible Even without Reciting Dosages By Kevin E. Noonan — It appears that Judge William C. Bryson, U.S. Appellate Court Judge on the Federal Circuit bench, is riding the circuit these days, peripatetically ruling on the St. Regis Mohawk Tribe's motion to join ANDA litigation in the Eastern District of…
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Signal Processing Claims Found to be Patent Eligible By Joseph Herndon — In the U.S. District Court for the Central District of California, Hybrid Audio, LLC sued Visual Land, Inc. for patent infringement with respect to audio signal processing technology used in conjunction with MP3 technologies. Defendant filed a motion to dismiss, alleging that the…
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