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Intellectual Property Blog
In an opinion authored by Judge Chen (joined by Judges Lourie and Moore), the Federal Circuit held claims of three patents to be patent-ineligible under 35 U.S.C. § 101 because “they are directed to the abstract idea of translating a functional description of a logic circuit into a hardware component description of the logic circuit.” […]
Posted: October 19, 2016, 4:03 am
Perhaps the most challenging aspect of patent preparation and prosecution is describing an invention in terms that are clear enough to show novelty and non-obviousness, while yet preserving sufficiently broad claim scope to capture potential infringers. Here is a lesson from the world of garbage bags, in which the Federal Circuit held that a patentee […]
Posted: October 16, 2016, 4:55 am
A district court properly found that patent claims reciting “detecting improper access of a patient’s protected health information (PHI) in a computer environment” were directed to patent-ineligible subject matter under 35 U.S.C. § 101. Fairwarning IP, LLC v. Iatric Systems, Inc., No 2015-1985 (Fed. Cir., Oct. 11, 2016 (opinion by Judge Stoll, joined by Judges Lourie […]
Posted: October 12, 2016, 10:17 pm
Having found that patent claims were directed to abstract ideas under the first prong of the Alice/Mayo test, a court then found that the claims were patent-eligible under 35 U.S.C. § 101 because the claims recited an inventive concept, satisfying the second prong of the Alice/Mayo test. The court thus denied the defendant’s Rule 12(b)(6) […]
Posted: October 10, 2016, 4:48 am
In Husky Injection Molding Systems Ltd., v. Athena Automation LTD., Nos. 2015-1726, 2015-1727 (Sept. 23, 2016), the Federal Circuit rejected Husky’s appeal of a PTAB inter partes review decision that certain challenged claims were invalid. Husky’s grounds for appeal were based not on the PTAB’s final decision finding anticipation of the claims, but on an […]
Posted: October 6, 2016, 11:42 am