Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent-ineligible · clear
Today, a divided Fed. Cir. panel reversed the district court’s decision invalidating the claim of two Illumina patents, U.S. Pat. Nos. 9,580,751 and 9,738,931, as directed to a natural phenomenon (Illumina, Inc. v. Ariosa Diagnostics, Inc., Appeal…
Because the Federal Circuit says it can’t, that’s why! In Cleveland Clinic Foundation v. True Health Diagnostics LLC, 859 f .3d 1352 (Fed. Cir. 2017), the panel held patent-ineligible claims to a method of assessing a test subject’s risk…
Although, somehow, examiners and PTAB Judges are supposed to refrain from considering anticipation or obviousness when evaluating claim elements for the “inventive step” required for patent eligibility, that’s just not possible. The…
After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim is…
CASE OF THE WEEK Aatrix Software, Inc. v. Green Shades Software, Inc. , Appeal No. 2017-1452 (Fed. Cir. Feb. 14, 2018) In Aatrix Software, Inc. v. Green Shades Software, Inc. , the Federal Circuit vacated a district court’s 12(b)(6) ruling that…
On January 25, a team at the Chinese Academy of Sciences published an online paper that will appear in Cell, 172, 1-7 (Feb. 8, 2018) reported the cloning of two Macaque Monkeys by Somatic Cell Nuclear Transfer. While non-primate animals such as mice, sheep…
Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody complexes that are formed, e.g., by…
Written by Damien Howard and Lincoln S. Essig In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to…
On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017) , a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of assessing a test subject’s…
