Patent Law Weblog
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- Meanwhile, Back at the PTAB with CRISPR
- 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.
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Category: Patentable Subject Matter
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By Donald Zuhn — In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. In response to that petition, twenty-two amicus briefs were filed encouraging the Supreme Court to…
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By Donald Zuhn — In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. In response to that petition, twenty-two amicus briefs were filed encouraging the Supreme Court to…
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Patent Having Claims That Apply Law of Nature Is Patent-Eligible By Joseph Herndon — On June 8, 2016, the U.S. District Court for the Central District of California issued an order denying a motion to dismiss, and found that U.S. Patent No. 5,720,894 is directed to patent-eligible subject matter in a case captioned Femto-Sec Tech,…
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By Donald Zuhn –- Last month, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. § 101. In addition to a memorandum on subject matter eligibility determinations that was issued to the patent examining corps, an updated list of court decisions (Supreme Court and Federal Circuit) addressing…
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Electronic Delivery of Messages Equated to U.S. Post Office Services By Joseph Herndon — On May 12, the U.S. District Court for the Northern District of Texas issued an Order in a case captioned Mobile Telecommunications Technologies, LLC v. Blackberry Corp. involving BlackBerry's motion for Summary Judgment that asserted claims of U.S. Patent Nos. 5,809,428…
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U.S. Patent Practice – the PTAB, Federal Courts, and Patent Eligibility By Andrew Williams — The 2016 BIO International Convention has already begun in San Francisco, but most of the sessions and forums get underway beginning on Tuesday, June 7, 2016. Patent Docs has been highlighting a few sessions or other opportunities, in thematic fashion,…
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By Michael Borella — On the heels of the Federal Circuit handing down two subject matter eligibility decisions regarding software, the U.S. Patent and Trademark Office has published a memo to its examining corps regarding these cases. On May 12, in Enfish, LLC v. Microsoft Corp., the Court found software claims patent-eligible for the first…
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By Kevin E. Noonan — A few years ago, former PTO Solicitor General Nancy Linck arose from the audience at the BIO International Conference to provide her thoughts on how the Office had responded to the Supreme Court's decisions in Mayo v. Prometheus Labs and Association of Molecular Pathologists v. Myriad Genetics (see "USPTO Provides…
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By Michael Borella — This case is notable mainly because it is the first Federal Circuit decision to distinguish itself from Enfish LLC v. Microsoft Corp., and also because it is another reminder that the wall between patentable subject matter, obviousness, and written description is now rubble. TLI sued AV and a number of other…
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Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable? By Joseph Herndon — On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two patents owned by Jawbone are directed to ineligible subject matter. In a matter between activity tracking providers (Jawbone vs. Fitbit),…
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