The US Supreme Court in Alice Corporation Pty. Ltd. v. CLS Bank International Et Al., 573 U.S. ___ (6/19/2014) (“Alice”)  has again held that the scope of patentable subject matter is narrow for business method patents. The representative method claim at issue in Alice recited the following steps: (1) “creating” shadow records for each counterparty…

Introduction Many, if not most of you are probably aware of the newly enacted America Invents Act (AIA).  The AIA is major patent legislation that includes significant changes to American patent law.  It was signed into law on September 16, 2011.  This report provides a summary of the most important provisions that are included in…

In its ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court unanimously reversed the Federal Circuit’s decision, stating that the diagnostic tests for determining the appropriate dosage of medication employed by Prometheus were not patentable because they “effectively claim the underlying laws of nature themselves.”  In issuing its ruling, The Supreme Court…

The last post addressed concerns and possible impacts the Supreme Court’s ruling in Prometheus on attorneys and the biotech patent field in general.  Recently, the USPTO released a letter to patent examiners offering preliminary guidance on patent subject matter eligibility under § 101. The USPTO summarized the Supreme Court’s decision, stating that the Court made clear…

The US Supreme Court today decided in Bilski et al. v. Kappos, that business method patents are eligible subject matter under Section 101 of the Patent Statute 35 USC. Oral arguments were presented on this case in November of last year and the decision has been eagerly awaited by the Patent Bar and by many…

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