Category Archives: Patentable Subject Matter

“Big Data” Claims Meet Mayo/Alice Rule

I am going to try to discuss two recent decisions by the PTAB, Ex parte Fiesner, Appeal 2018-00530 (9-10-18) and Ex parte Lehrer, Appeal 2016-007941 (8-29-2018). Both have claims that employ computers to process large amounts of input data to, … Continue reading

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Bhagat v. Iancu – Did the Myriad Decision Overrule Funk Bros.?

A September 6th post by Dennis Crouch at PatentlyO (“A Mixture of Known Compounds is Unpatentable without a Transformation“) led me to a closer reading of the cert. petition filed in Bhagat v. Iancu, (Case No. 18-277) an appeal from … Continue reading

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Ex Parte Nagy – The Reach of the Mayo/Alice Rule Exceeds Its Grasp?

The final rejection of the claims of Nagy’s application Serial No. 14/223,113 was affirmed by the PTAB on July 30, 2018 (Appeal 2017-008793). One of the “representative” claims was directed to the holy grail of diagnostics – the early diagnosis … Continue reading

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Interval Licensing v. AOL — Judge Plager’s Concurring Dissent

The majority of the panel in Interval Licensing v AOL, Appeal no. 2016-2502, -05, -06, -07 (Fed. Cir., July 20, 2018) affirmed the district court’s finding that claims 15-18 of U.S. Pat. No. 6,788,314 are invalid as attempting to claim … Continue reading

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