Category Archives: Patent Eligible Subject Matter

Endo v. Teva – Correlation Diagnostic Plus Treatment is Patent Eligible under s. 101

In Endo v. Teva, Appeal 2017-1240 (Fed. Cir., March 19, 2019), a Fed. Cir. panel of Judges Stoll, Wallach and Clevenger unanimously found patent-eligible claims to a method of treating pain with oxymorphone, based on the inventor’s discovery that there … Continue reading

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Ex parte Ren-Hie Xu – Are Cultured Mammalian Cells Natural Products?

The Examiner in Appeal no. 2017-003416 (Mar. 1, 2019) had rejected this claim as directed to a natural product: “18. An in vitro culture comprising a substantially pure, replenishable population of synchronous primate trophoblast cells, wherein the synchronous primate trophoblast … Continue reading

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Ex parte Hazokaki – Big Data Correlations in Abstract Idea “Clothing”

In earlier posts, I discussed at least one group of claims directed to the difficulties in claiming manipulations of “big data.” In ex parte Hazokaki, Appeal 2018-003293 (PTAB, Feb. 5, 2019), the Examiner and the Board were confronted with claims … Continue reading

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Split Federal Circuit Panel Holds That Method of Medical Treatment Claims are Patent Eligible

In Natural Alternatives Int’l., Inc. v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir., March 15, 2019) a divided panel of the Fed. Cir. held that claims to methods of increasing the anaerobic working capacity in a human subject by … Continue reading

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