Category Archives: Patent Eligible Subject Matter

Revised 2014 Interim Guidance on Patent Subject Matter Eligibility Released by PTO

Posted on December 16, 2014 by Warren Woessner

On Monday, December 15th, the Patent Office released revised “Guidance” on the evaluation of subject matter patent-eligibility under s. 101. (A copy is available at the end of this post.) The “Guidance” is an attempt to unify the analyses that … Continue reading →

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Federal Circuit flips on Ultramercial v. WildTangent

Posted on November 14, 2014 by Warren Woessner

After two trips to the Supreme Court and two remands, the Federal Circuit considered Ultramercial v. WildTangent for the third time—this time with Alice in hand—and ruled that the district court properly dismissed Ultramercial’s suit as failing to state a … Continue reading →

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C.I.T. v. Hughes Comm. – Survival Guide for Software?

Posted on November 13, 2014 by Warren Woessner

On November 3, 2014, in Cal. Inst. Of Tech. v. Hughes Communications., 2014 U.S.. Dist. LEXIS 156763 (C.D. Cal. 2014), Judge Mariana Pfaelzer penned the most thorough defense of software claims attacked under s. 101 that I have seen since … Continue reading →

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Genetic Technologies v. Bristol Myers – 101 At Work

Posted on November 5, 2014 by Warren Woessner

In the recent memorandum opinion, the court invalidated claim 1 of U.S. Pat. No. 5,612,179, owned by Genetic Technologies, Ltd., as “impermissibly [claiming] a natural phenomenon.” (Genetic Technologies, Ltd. v. Bristol-Myers Squibb Company, C.A. No. 12-394-LPS (D. Delaware, Oct. 30, … Continue reading →

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