LexisNexis® Legal Newsroom
Business Method Claims after Bilski: The Federal Circuit Weighs in on Abstractness

By Alexander J. Smolenski The Federal Circuit has recently provided fresh guidance on what is patentable subject matter. Its decision promises to get many computer-based innovations over the eligibility hump, but alerts inventors to other pitfalls on the path to securing patent protection. Addressing...

Patents Post-Grant: Section 101 as a Basis for a Post Grant Patent Challenge

USPTO Clarifies Stance on 101 Challenges Before the PTAB Over the past few weeks, commentators have been buzzing about the ability/inability to challenge a patent on the grounds that the claims are not directed to statutory subject matter ( 35 U.S.C. § 101 ). Under the discussed theories, a 101...

Software is Still Patentable Subject Matter: An Analysis of the En Banc Federal Circuit Opinion in CLS Bank v. Alice Corp

by Dov Greenbaum With the Supreme Court then poised to rule in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. __(2013) regarding the subject matter eligibility of isolated genes, the en banc Federal Circuit in CLS Bank v. Alice Corp. (Fed. Cir. 2013) failed to provide a clear...

Will Government Efforts to Derail Patentable Subject Matter Status Quo Derail Its Efforts to Promote Personalized Medicine?

by Dov Greenbaum President Obama -- in his January 20, 2015 State of the Union address -- declared Personalized Medicine as a technology he would like to pursue. Here we examine developments in the Federal Circuit (which ruled in a related Myriad case in December 2014), the Supreme Court and the Executive...

Supremes’ Alice Ruling Drowns Water Treatment Patent

A Green Patent Complaint Update post reported on the patent infringement suit between Neochloris and Emerson Process Management Power & Water Solutions. Citgo was also named as a defendant. In the lawsuit, Neochloris accused Emerson and Citgo of infringing U.S. Patent No. 6,845,336 (‘336...