Tag Archives: Federal Circuit

Rapid Litigation v. CellzDirect – A Break in the 101 Wall

On July 5, 2016, a three judge Fed. Circuit panel of Moore, Prost and Stoll (Appeal no. 2015-1570) reversed the district court’s holding that claims to a method of isolating “hardy” twice -frozen hepatocytes (as I called them in my … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , , , , , | 1 Comment

Bascom v. AT&T — Patent Eligibility Meet Patentability

…..Or Judge Newman proposes a blended approach when “Abstract Idea” or “Inventive Concept” is at issue. In Bascom v. AT&T, Appeal no. 2015-1763 (June 27, 2016, Fed. Cir.), panel of Judges Newman, O’Malley and¬†Chen reversed the district court’s finding that … Continue reading

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

Exergen Corp. v. Thermomedics, Inc. – How to Flunk s. 101

On June 22d, the Fed. Cir. issued a summarily affirmed the district courts Order that the method claims in suit did not pass the Alice/Mayo test for patentable subject matter. Claim 51 of U.S. patent no. 7787938 is representative: “A … Continue reading

Posted in Section 101 | Tagged , , , , , | Leave a comment

Same-Day Continuing Applications are Co-pending under s. 120

The outcome of this question of statutory construction was not really in doubt, given the fact that an adverse holding could invalidate thousands of patents which needed same-day copendency to avoid intervening prior art.¬†Immersion Corp. v. HTC Corp., Appeal no. … Continue reading

Posted in Statutory Interpretation | Tagged , , , , , , , , | Leave a comment