Category Archives: Alice

The Cleveland Clinic v. True Health Diagnostics LLC – Time to Redefine “Inventive Concept”?

Ariosa was a decision that essentially held that the novel discovery of a naturally-occurring phenomenon could not per se meet the Mayo/Alice requirement for an inventive concept, even though it was of “groundbreaking importance” in advancing medicine. The claims appealed in … Continue reading

Posted in Alice, Federal Court | 1 Comment

Just When You Thought Things Couldn’t Get Worse Via The Application Of 101

On Friday, in Cleveland Clinic Foundation v. True Health Diagnostics, Appeal no. 2016-1766 (Fed. Cir., June 16, 2017), a Fed. Cir. panels of Judges Lourie, Reyna and Wallach (Reyna writing) held that claims to a method of assessing a test … Continue reading

Posted in Alice, Federal Court, Section 101 | 2 Comments

ABA-IPL Section Proposes Amendments to s. 101 – Too much of a “Good Thing”?

The ABA-IPL Section sent proposed amendments to PTO Director Lee intended to lessen the burden on patent applicants encountering the Mayo/Alice Rules for patent-eligible subject matter. The proposed amendments list exceptions to eligibility. The exceptions are that the claims would preempt … Continue reading

Posted in Alice, Claim Construction, Section 101 | 1 Comment