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Tag: Statutory Subject Matter

Are Business Method Patents Dead? – Supreme Court Strikes Down Patent Claims Directed to Computerized Method of “Intermediated Settlement”

If business method patents are not dead, after this month’s decision in Alice Corp. v. CLS Bank International, they are at least on life support. For a copy of the opinion, click here. In Alice Corp., the Supreme Court affirmed an en banc Federal Circuit holding that patent claims directed to a computerized method of…

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U.S. Supreme Court Rules that Isolated Genes Are Not Eligible for Patent Protection

In a long-awaited decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., the U.S. Supreme Court held on June 13, 2013 that naturally-occurring, isolated genes are not patentable because they do not constitute patentable subject matter under the Patent Statute.  With this decision, another chapter has been written in the…

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Are Business Methods Really Patentable in the United States?

Well, we thought so, but now we are not so sure.  It seems that the much more is required than the business method itself in order to obtain a patent.  The cases suggest that, at a minimum, novel computing features are required.  The Federal Circuit’s most recent pronouncement on the issue seems to change little…

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Patenting of Games

Growing up in a pre-cable TV world, I played a lot of games such as Monopoly, Clue, Life, Chutes & Ladders, Checkers, Chess and countless others.  With all of the cases coming out about statutory subject matter in the last few years, I wondered under what circumstances games could be patented.  As it turns out,…

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Isolated Genes are Patent Eligible – At Least for Now

The courts continue to wrestle with the difficult question of what types of things can be patented (i.e., what constitutes statutory subject matter).   Last week, the Federal Circuit Court of Appeals issued its post-remand opinion in Association for Molecular Pathology, et al., v. United States Patent & Trademark Office, et al. (“Myriad”),  ___ F.3d. ___…

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Software Patentability- The Federal Circuit Giveth . . . and Taketh Away

In a recent newsletter, we discussed CLS Bank Int’l, et al. v. Alice Corp. Pty. Ltd. (Case No. 2011-1301)(Fed. Cir. 2012) and the Federal Circuit’s efforts to provide guidance as to the patentability of software in the wake of the Supreme Court’s decisions in Bilski and Prometheus. The CLS decision sought to soften the blow…

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Yahoo v. Facebook–Facebook Returns Fire

On April 3 Facebook answered Yahoo’s patent infringement complaint in the pending lawsuit in the Northern District of California.  As many people predicted, Facebook also alleged patent infringement claims against Yahoo based on 10 of Facebook’s patents.  We discussed Yahoo’s patents and the likelihood that statutory subject matter issues would play a prominent role in…

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Mayo Collaborative Services v. Prometheus Laboratories—The Unanswered Questions

As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302.  These patents issued in 2002 and 2004, respectively.  In 2006 the same inventors obtained a…

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Today’s Supreme Court Decision Threatens the Patentability of Diagnostic Test Methods

If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc.  In this case, the Court unanimously reversed the Federal Circuit Court of Appeals and held that patent claims directed to a method of determining whether dosage…

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Yahoo v. Facebook – Statutory Subject Matter Defense May be Key

The patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir.  Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit.  A closer look at Yahoo’s patents reveals that the validity of many of their claims may turn…

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