Patent Law Weblog
recent posts
- Meanwhile, Back at the PTAB with CRISPR – Update
- 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
about
Category: Patentable Subject Matter
-
By Kevin E. Noonan — The Federal Circuit heard oral argument in the Ariosa v. Sequenom case last Friday, and a discussion of that argument will be posted in due course. Having posted on Sequenom's opening brief and the amicus brief filed by BIO, completeness requires a post on Ariosa's responsive brief and the amicus…
-
By Michael Borella — Introduction This case has a storied history. Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, the District Court held that the '545 patent does not claim patent-eligible subject matter under 35 U.S.C. §…
-
By Donald Zuhn — On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35…
-
By Donald Zuhn — On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35…
-
By Kevin E. Noonan — Castigating the Supreme Court, at least in patent circles, has become as prevalent as the Court's forays into patent law have been to overrule the Federal Circuit. While even those who give the Court the benefit of the doubt and appreciate the parsimony with which many of its decisions are…
-
By Michael Borella — As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for failing to meet the patentable subject matter requirements of 35 U.S.C. § 101. The USPTO's…
-
By Donald Zuhn — Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo Guidance. The Guidance, which was issued on March 4, implements a new procedure for determining the subject matter eligibility…
-
By Paul Cole* — Is there a chain of reasoning that leads to the outcome in Myriad more shortly and directly than that outlined by Justice Thomas and without invoking judicial exceptions? It is strongly arguable that this is indeed the case and that, applying Occam's razor, the shorter chain of reasoning is to…
-
By Donald Zuhn — Last Friday, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, the U.S. Patent and Trademark Office provided additional information regarding changes that the Office plans to make to its controversial Myriad-Mayo Guidance. The Myriad-Mayo Guidance, which was issued on March 4, implemented a new procedure for…
-
By Kevin E. Noonan — The Federal Circuit has scheduled oral argument in Myriad Genetics' appeal of denial earlier this year by the Utah District Court of its motion for preliminary injunction against Ambry Genetics (see "Utah Judge Denies Myriad's Preliminary Injunction Motion"). Designated case no. 14-1361, University of Utah Research v. Ambry Genetics Corp., argument…
Patent Docs 