Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District of California. In fact,
Patent 213
New thinking on written description, enablement and patent eligibility issues
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Stanford’s Method for Inferring Haplotype Phase is Not Patent Eligible
Stanford University applied for a U.S. patent for statistical methods of predicting haplotype phase. In 2019, the Patent Trial and Appeal Board rejected the application as ineligible subject matter. Last week, a panel of the U.S. Court of Appeals for…
Bradley Attorney and Patent 213 Editor Nicholas J. Landau and Six Other Patent Attorneys Listed in 2021 The Best Lawyers in America
By Bradley
We are excited to announce that attorney and Patent 213 blog editor, Nicholas J. Landau, was included in the 2021 edition of The Best Lawyers in America® for Patent Law. Firmwide, seven patent attorneys at Bradley are listed by…
An Early Out Under § 101 Based on Claimed Long-standing Commercial Practices
Late last week, the U.S. Court of Appeals for the Federal Circuit delivered ShoppersChoice.com the affirmation it ordered in Electronic Communication Technologies, LLC (ECT) v. ShoppersChoice.com, LLC. In doing so, the court supplied accused infringers with a helpful example…
Done at Step 1: When a Claim Is Tied to an Improvement, No Need to Proceed to Alice Step 2
By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It also demonstrated what we already know…
Fishing for Eligibility in Murky Waters
Last week, the Federal Circuit decided that claims related to a method of fishing that involved evaluating the water to be fished were not patent-eligible under 35 U.S.C. § 101. It is a bit of a head scratcher as to why…
Yet Another Pharmaceutical Patent Falls Under the Scrutiny of 35 U.S.C. § 112
Last week, the Federal Circuit confirmed that Idenix Pharmaceuticals will not be the proud recipient of what was previously regarded as the largest damages award ever recorded in a U.S.
patent case. In fact, the majority’s opinion in Idenix Pharmaceuticals…
Federal District Court Finds Claims Directed to Dog Chew Toy Patent Eligible
Few subjects have drawn as much interest among patent stakeholders and practitioners as understanding the framework used to determine a patent claim’s eligibility. Courts continue to address different factual situations in applying the two-step test for patent eligibility under 35…
The Risk of Using “Consisting Essentially of” in Patent Claims
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the listed ingredients and (b) is open to unlisted…
For the First Time, a Medical Treatment Patent Is Ruled Invalid Under Mayo/Myriad
As discussed in a previous blog post, since Mayo v. Prometheus, critics of medical treatment patents have advocated that such patents should be banned from patenting. While such arguments seemed futile based on the consistent position taken by…