Category Archives: Patent Eligible Subject Matter

Ex Parte Schwartz – A Pyrrhic Reversal of a 101 Rejection

Posted on August 20, 2018 by Warren Woessner

The PTAB decision reversing the Examiner’s s. 101 rejection in Ex Parte Schwartz, Appeal 2017-004975 (August 2, 2018) both demonstrates the need for more Examiner training on the ever-changing definition/identification of an abstract idea, particularly in the context of inventions … Continue reading →

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

Posted on August 15, 2018 by Warren Woessner

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

Posted on July 23, 2018 by Warren Woessner

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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PTO Issues Section 101 Memorandum after Vanda Decision

Posted on June 11, 2018 by Warren Woessner

I have posted twice recently on the Fed. Cir.’s opinion in Vanda Pharms., Inc. v. West-Ward Pharm. Int’l, Ltd., Appeal no. 2016-2107 (Fed. Cir., April 18, 2018). The Fed. Cir. affirmed the district court’s ruling that Vanda’s claims in U.S. … Continue reading →

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