Upcoming Issues of Patent Eligibility in 2022: American Axle v. Neapco

By Sarah M.D. Luth

2022 could bring about big changes in one of the most significant and murky areas of patent law: patent eligibility. In the upcoming year, the U.S. Supreme Court will decide whether to take up a case which—in a Federal Circuit judge’s words—“bitterly divided” the appellate court on how to apply the law on patent eligibility. […]

Dissent by Judge Newman highlights the expanding instability in the patent eligibility inquiry under § 101

By Joseph M. Hallman

On June 11, 2021, in Yu v. Apple Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the Northern District of California dismissing a patent infringement case on the grounds that the asserted claims were invalid due to patent ineligibility under 35 U.S.C. § 101. A decision […]

Federal Circuit provides additional insight into § 101 eligibility

By Joseph M. Hallman

On February 8, 2021, in cxLoyalty, Inc. v. Maritz Holdings Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) dismissed-in-part, affirmed-in-part, and reversed-in-part a decision by the Patent Trial and Appeal Board (“PTAB”) dealing with covered business method (“CBM”) review and subject matter eligibility under 35 U.S.C. § 101. This is […]

Update from the AIPLA Biotech Committee

At the recent American Intellectual Property Law Association (AIPLA) conference, the AIPLA Biotechnology Committee met to discuss two biotechnology issues: 35 USC 101 legislation, and treatment of genetic resources (GR) and traditional knowledge (TK). Bob Stoll, former Commissioner for Patents at the USPTO and member of AIPLA’s 101 taskforce, led the 101 discussion as part […]

Is Congress Finally Doing their Constitutional Duty?

On June 4, 5, and 11, 2019 the Senate Intellectual Property Sub-Committee held hearings regarding the new proposed changes to patent statutes, including to Sections 100, 101, and 112. The Sub-Committee will be hearing from a total of 45 witness on both sides of the debate. Most of the attention during the June 4th and […]

The USPTO Changes Patent Eligibility Guidelines

The United States Patent Office has released updates to subject matter eligibility guidelines under 35 USC §101. Along with these updates, the Office has provided slides and a webinar reviewing the changes, using the same materials provided in training of patent examiners. There are two parts to the analysis, Step 1, and Step 2A and […]

First Cannabis-Related Patent Makes its Way through the Federal Courts: What it Teaches, and What it Does Not

By Blog Staff

In the past 25 years, there has been substantial growth surrounding the developments within the cannabis industry, particularly involving intellectual property protections. With legalization of cannabis gaining traction across the United States, any court guidance can provide a foundation for those seeking patent protection. Opportunely, on April 17, 2019, The District Court for the District […]

Judicial and Executive Branches split over Subject Matter, New Legislation may be Coming

Earlier this month the U.S. Court of Appeals for the Federal Circuit (CAFC) heard another appeal in the Cleveland Clinic v. True Health cases. In their appeal, one of Cleveland Clinic’s arguments that their claims were valid was because Skidmore deference should apply to the Examiner’s decision to allow the application to issue in light […]

Athena Diagnostics v. Mayo Collaborative Services Part 2, or: For the Benefit of Us All

Part 1 of the review of Athena Diagnostics v. Mayo Collaborative reviewed how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part II below examines the dissent from Judge Newman and how it aligns with both precedent and […]

Athena Diagnostics v. Mayo Collaborative Services Part 1, or: How I Learned to Stop Worrying and Love the Inconsistencies

Part 1 of the review of Athena Diagnostics v. Mayo Collaborative will look at how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part 2 will look at the dissent from Judge Newman and how it fits better […]