Tag Archives: Federal Circuit

Federal Circuit Circumvents Mayo/Alice Rule in Vanda v. West-Ward

After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim … Continue reading

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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

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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

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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

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