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October 1, 2023
The Patent Eligibility Restoration Act is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter.
June 21, 2023
On June 7, 2023, in Competitive Access Sys., Inc. v. Oracle Corp., Judge Pitman denied Defendants Oracle Corporation and Oracle America Inc.'s (collectively, Oracle) Motion to Dismiss.
November 9, 2022
Since the U.S. Supreme Court's 2014 Alice Corp. v. CLS Bank International ruling, patentees attempting to enforce their patents in the software arts have encountered a more significant...
October 6, 2022
Integrated Technology Solutions, LLC ("ITS") alleged that products manufactured and distributed by iRacing.com Motorsport Simulations, LLC ("iRacing") infringed on U.S. Patent 10,046,241. iRacing moved to dismiss, arguing that the ‘241 patent was invalid under 35 U.S.C Section 101.
July 28, 2022
In CareDx, Inc. v. Natera, Inc., No. 2022-1027 (Fed. Cir. July 18, 2022), the Federal Circuit Court of Appeals affirmed that CareDx's three patents were invalid for claiming patent-ineligible subject matter.
July 20, 2022
When a person who has received an organ transplant experiences rejection, DNA from the transplanted organ is released into the bloodstream as the organ's cells are attacked...
July 20, 2022
When a person who has received an organ transplant experiences rejection, DNA from the transplanted organ is released into the bloodstream as the organ's cells are attacked by the...
May 13, 2022
Patent Office Guidelines should be more aligned Alice decision on patent eligibility, with respect to fundamental economic practices. In that decision, mitigating risk was found to be a fundamental economic practice long prevalent in our system of commerce.
July 10, 2021
Friday, July 9, 2021 Much of the discussion about the Federal Circuit’s precedential opinion in Yu et al. v. Apple, Inc. et al. has focused on the perceived confusion and dysfunction of U.S. patent law that invalidates a claim directed to an “improved digital camera” as a patent-ineligible “abstract idea.” After delving into the underlying record, this author posits that the Federal Circuit’s opinion has more to do with the manner in which the patent was asserted in th...
June 1, 2021
Energy Heating, LLC ("Energy Heating") sued Heat On-The-Fly ("HOTF") and Super Heaters North Dakota ("SHND") in the District of North Dakota seeking a declaratory judgment...