Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged section 101 · clear
Written by : Philip M. Nelson On October 31, 2025, Director Squires spoke to the American Intellectual Property Law Association and provided a forceful statement on his view for the direction of patent law. Of particular interest were his comments on…
Written by : Matthew S. Whitehead & Jacob R. Rosenbaum BETEIRO, LLC v. DRAFTKINGS INC Before Dyk, Prost, and Stark . Appeal from the United States District Court for the District of New Jersey. Summary : Recitations of a computer-implemented method can be…
Written by : Philip M. Nelson In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners. Two main areas of focus are “Section 101” and the “PTAB.” Below…
Written by : Mary Bao & Nathan D. Reeves ADASA INC. v. AVERY DENNISON CORPORATION Before Moore , Hughes and Stark. Appeal from the United States District Court for the District of Oregon. Summary : A claim directed to a specific, hardware-based data…
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC v. SHOPPERSCHOICE.COM, LLC Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Southern District of Florida. Electronic Communication Technologies, LLC (“ECT”) sued…
UNILOC USA, INC. v. LG ELECTRONICS USA, INC. Before Moore, Reyna, and Taranto. On appeal from the District Court for the Northern District of California. Summary: A claim is not abstract where it is directed to an improved communication system that changes…
IN RE: CHRISTOPHER JOHN RUDY Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility Guidance cannot be used to modify…
AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC Before Dyk , Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary : Mechanical method claims involving tuning automotive propshafts to dampen…
SOLUTRAN, INC v. ELAVON, INC. Before Chen , Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota Summary: Method claims directed to performing conventional steps in a new order may be insufficient to render claims…
Written by : Bridget A. Smith & Philip M. Nelson On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants. The draft bill…
Before Wallach, Clevenger, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : Claims directed to a specific method of treatment for specific patients using a specific compound at specific doses to achieve a…
A little over a year ago, the patent-eligibility of software inventions was very bleak. Examiners maintained difficult Alice-based rejections (rejecting the claims as abstract ideas, judicial exceptions to patent-eligibility) and applicants had little…
