Tag Archives: The State of Patent Eligibility

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

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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Neapco’s Brief in Opposition to AA’s Petition for Cert.

On March 31, 2021, Neapco Holdings LLC filed its Brief in Opposition to American Axle’s Petition for Cert. If you need a refresher on the proceedings to date, please read (or re-read) the analyses I posted on Jan. 11, 2021 … Continue reading

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In re: Board of Trustees of Stanford: “Big Data” Personalized Medicine is an Abstract Idea

In re: Board of Trustees of the Leland Stanford Junior University, Appeal no. 2020-1012 (Federal Circuit, March 11, 2021) a three judge panel of Prost, Lurie and Reyna affirmed the ruling by the Board of Appeals that the claims of … Continue reading

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XY, LLC v. Trans Ova Genetics, Inc. – Building on Illumina v. Ariosa

In XY v. Trans Ova Genetics, Inc., Appeal No. 2019-1789 (Fed. Cir. July 31, 2020), a panel of Wallach, Plager and Stoll reversed the district court’s finding that claims to an improved method of cell sorting are patent ineligible under … Continue reading

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