Patent Law Weblog
recent posts
- Judge Newman Seeks Recourse from Supreme Court
- 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)
about
Category: Patentable Subject Matter
-
By Nicholas Vincent* and Anthony D. Sabatelli** — As we have discussed in previous installments of "The Emergent Microbiome," we have seen a distinct growth in the interest of the microbial communities found in our environment beyond the confines of the human body. Earlier articles in this series have focused on the microbiology of the…
-
By Donald Zuhn — Last month, in Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., District Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California denied a Motion for Reconsideration filed by Plaintiff Natural Alternatives International, Inc. ("NAI"), and determined that NAI's claim for patent infringement remained dismissed with…
-
By Joseph Herndon — On July 27, 2017, the Federal Circuit issued an opinion in Audatex North America, Inc. v. Mitchell International, Inc., upholding the U.S. Patent and Trademark Office Patent Trial and Appeal Board's (PTAB) decision in which all claims of U.S. Patent Nos. 7,912,740 and 8,468,038 were held patent ineligible under 35 U.S.C. §…
-
District Court Finds Claims Directed to Method for Analyzing Enoxaparin Sample to Be Patent Eligible By Donald Zuhn — Last month, in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., District Judge Nathaniel M. Gorton of the U.S. District Court for the District of Massachusetts allowed a motion for judgment as a matter of law filed…
-
District Court Finds Method of Detecting Claim to Be Directed to Patent Ineligible Subject Matter By Donald Zuhn — Earlier this month, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, District Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia granted a Motion to Reconsider filed by Defendant…
-
By Kevin E. Noonan – In the general chaos that has resulted from the Supreme Court's recent forays into trying to delineate the proper standards for patent subject matter eligibility (AMP v. Myriad Genetics, Mayo Collaborative Labs v. Prometheus), there is occasionally an inkling of the method behind this particular brand of jurisprudential madness. That method,…
-
By Michael Borella — When considering the patent-eligibility of claims, size usually matters. Claims that are longer and recite more detailed inventions tend to be more likely to survive 35 U.S.C. § 101 challenges than those that are shorter and high level. But not in all cases. Continuing a trend that we've seen in Amdocs (Israel)…
-
District Court Finds Diagnostic Claims to Be Directed to Patent Ineligible Subject Matter By Donald Zuhn — Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, District Judge Indira Talwani of the U.S. District Court for the District of Massachusetts dismissed a complaint filed by Plaintiffs Athena Diagnostics, Inc., Isis Innovation Ltd., and…
-
Interpreting Real-Time Sensory Data from Electrical System Found to Be Abstract Idea and Patent Ineligible By Joseph Herndon — Power Analytics Corp. sued Operation Technology in the U.S. District Court for the Central District of California for infringement of U.S. Patent Nos. 7,693,608; 7,729,808; 7,286,990; and 7,840,395, who responded by filing a partial summary judgment…
-
By Joseph Herndon — In the U.S. District Court for the Central District of California, Dialware Communications sued Hasbro, Inc. alleging that Hasbro's Furby toys infringe on five patents: U.S. Patent Nos. 7,183,929 (the "'929 Patent"), 7,383,297 (the "'297 Patent"), 7,568,963 (the "'963 Patent"), 9,039,482 (the "'482 Patent"), and 9,275,517 (the "'517 Patent"). According to…
Patent Docs 