Category Archives: Patent Eligible Subject Matter

CareDx v. Natera – The Broad Road to Patent Ineligibility

Posted on July 21, 2022 by Warren Woessner

In CareDx v Natera, Appeal No. 2022-1027, (Fed. Cir., July 18, 2022), a three judge panel of Judges Lourie, Bryson and Hughes, affirmed the district court’s finding that the claims of U. S. patent nos. 8703652, 9845497 and 10329607 are … Continue reading →

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The Solicitor’s Holistic Approach to the Mayo/Alice Analysis in American Axle

Posted on June 20, 2022 by Warren Woessner

This is not exactly breaking news, and other commentators have discussed it, but I think that the Solicitor General’s Amicus Brief urging the Supreme Court to grant cert. in American Axle v. Neapco Holdings, Appeal No. 20-891 (May 2022) contains … Continue reading →

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CareDx v. Natera – Are Processing Steps Known to the Art Always “Conventional”?

Posted on October 15, 2021 by Warren Woessner

In CareDx (Stanford U.) v. Natera Civ. Action No. 19-0567-CFC-CJB Consolidated (Sept. 28, 2021, D. Delaware), Judge Connolly ruled that the diagnostic method claimed in U. S. Pat. No. 8,703,652 and two others was a patent-ineligible natural phenomenon. The method … Continue reading →

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Yu v. Apple – Transubstantiation of a Machine into an Abstract Idea

Posted on June 14, 2021 by Warren Woessner

Every time the courts re-define a mechanical device as an abstract idea, I struggle with the rationale that is applied to evaluate the claimed subject matter for patent eligibility under s. 101. I am not a computer scientist so the … Continue reading →

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