Category Archives: Patentable Subject Matter

Federal Circuit Circumvents Mayo/Alice Rule in Vanda v. West-Ward

After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , , , | Leave a comment

Athena Diagnostics, Inc. v. Mayo (D. Mass., August 4, 2017) – “That’s all,” She Wrote.

Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody complexes that … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , | Leave a comment

USPTO Holds First Roundtable on “Subject Matter Eligibility Guidelines”

On November 14th, the PTO hosted a roundtable discussion in Alexandria on s. 101 issues in which both industry reps and practitioners were invited to dissect the current Office guidelines. The structure was unique as there were 33 invited speakers … Continue reading

Posted in Patent Reform Legislation, Patentable Subject Matter, Section 101, USPTO Practice and Policy | 1 Comment

McRO v. Namco – Fed. Cir. Reverses s. 101 Invalidation of Animation Method Patents

I first posted on this case in September 2014, and urge you to find the post and the district court’s opinion in the Archives. It provides a good – well, adequate– description of the patented technology, which is a method to … Continue reading

Posted in Patentable Subject Matter, Section 101 | Leave a comment