Unanimous Supreme Court Decision Addresses Patent Exhaustion Doctrine In Quanta Computer, Inc. v. LG Electronics, Inc.

On June 9, 2008, the Supreme Court in Quanta Computer, Inc. v. LG Electronics, Inc., unanimously issued a 9-0 decision reversing the Court of Appeals for the Federal Circuit on the scope of patent exhaustion for method patents. Patent exhaustion is a doctrine that limits the patentee's right to claim...

U.S. Supreme Court Affirms Rejection, Says No Exclusive Test for Patentability

WASHINGTON, D.C. - (Mealey's) In a long-anticipated ruling, the U.S. Supreme Court on June 28, 2010 agreed with the Federal Circuit U.S. Court of Appeals that a method for hedging consumption risk costs is not patent-eligible and is instead an "abstract idea" ( Bernard L. Bilski and...

Sutherland Legal Alert: Patents on Computerized Settlement of Foreign Exchange Transactions Invalid Under Bilski

By Ann Fort and Josh Curry In another district court decision applying Bilski v. Kappos, the U.S. District Court for the District of Columbia has declared four patents invalid as directed to unpatentable "abstract ideas." CLS Bank Int'l v. Alice Corp. Pty. Ltd., No. 07-974, 2011 U.S....

Foley & Lardner LLP: Federal Circuit Reverses Course on Classen, Finds That Many Method Claims Satisfy 35 USC § 101, Safe Harbor of 35 USC § 271(e)(1) Does Not Shelter Many Defendants

By Courtenay C. Brinckerhoff , Stephen B. Maebius and Jacqueline D. Wright Bonilla On August 31, 2011, the Federal Circuit issued its second decision in Classen Immunotherapies, Inc. v. Biogen Idec (App. 2006-1643, -1649) [ enhanced version available to lexis.com subscribers / unenhanced version available...

Brinks Hofer Gilson & Lione: Federal Circuit Clarifies the Patent Eligibility of Medical Methods in Light of Bilski

On August 31, 2011, the Federal Circuit issued, after remand from the Supreme Court, its highly-anticipated decision in Classen Immunotherapies, Inc. v. Biogen IDEC , Nos. 2006-1634, -1649 [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law...

Fitch, Even, Tabin & Flannery: Federal Circuit Issues Split Decision on Patent-Eligible Subject Matter

By Kendrew H. Colton Following a remand from the U.S. Supreme Court, on August 31, 2011, the Federal Circuit issued a split decision in a case involving whether three of Classen's patents claim immunization methods eligible for patent protection under 35 U.S.C. 101 . The decision, Classen...

Ballard Spahr LLP: Justices Deny Patent Protection for Medical Process

By Mary Anthony Merchant , J. Gibson Lanier , and Scott D. Marty In one of the most anticipated IP cases on this year's docket, the U.S. Supreme Court on Tuesday held that a medical process for testing blood was not eligible for patent protection because the patent claims only recited laws of nature...

Brinks Hofer Gilson & Lione: Supreme Court Rules Certain Medical Method Patent Claims are Akin to "Laws of Nature" and Thus Not Patentable in Mayo Collaborative Services v. Prometheus Laboratories, Inc.

On March 20, 2012, the Supreme Court issued a highly anticipated decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc ., No. 10-1150 [ enhanced version available to lexis.com subscribers ]. In a unanimous decision, the Court held that Prometheus' method claims were not eligible...

Brinks Hofer Gilson & Lione: Federal Circuit Upholds Claims to Isolated DNA Molecules (Again)

On August 16, 2012, the Federal Circuit issued, after remand from the Supreme Court, its opinion in The Association for Molecular Pathology v. Myriad Genetics, Inc ., No. 2010-1406, slip opinion (Fed. Cir. August 16, 2012) ("Myriad") [ enhanced version available to lexis.com subscribers ]....

U.S. Supreme Court: No Inducement Liability Without Direct Infringement

WASHINGTON, D.C. — In a unanimous holding today, the U.S. Supreme Court found that a defendant is not liable for inducing infringement under 35 U.S. Code Section 271(b) when no one has directly infringed under Section 271(a) or “any other statutory provision” ( Limelight Networks Inc...