Fitch, Even, Tabin & Flannery LLP: Supreme Court Vacates and Remands Software Patent Case

The U.S. Supreme Court has granted certiorari in WildTangent, Inc. v. Ultramercial, LLC, et al . [ enhanced version available to lexis.com subscribers ], and has instructed the Court of Appeals for the Federal Circuit to revisit its WildTangent decision in light of the Court's holding in Mayo Collaborative...

Patents Post-Grant: Prometheus Based Patent Reexamination Requests?

Patentable Subject Matter Challenge Advanced in Patent Reexamination This past March, as most in the patent community are well aware, the Supreme Court recalibrated 35 U.S.C. § 101 in Mayo Collaborative Services v. Prometheus . The decision held that certain patents of Prometheus Laboratories...

Duane Morris: Do Pharmaceutical Compositions Have Patent Subject Matter Eligibility Under the New USPTO Guidelines?

The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by the Guidelines to compositions that include one or more “natural products” as a component. Do these examples indicate that...