USPTO Subject Matter Eligibility Guidance Does Not Carry the Day in Court

In Cleveland Clinic Foundation v. True Health Diagnostics LLC (nonprecedential), the Federal Circuit affirmed the district court’s order granting defendant’s Rule 12(b)(6) motion to dismiss because the asserted patent claims are invalid under Section 101. The two asserted patents issued from applications that claimed priority to a patent that the Federal Circuit had found invalid … Continue reading USPTO Subject Matter Eligibility Guidance Does Not Carry the Day in Court

Ex Parte Smith – The Name of the Game is the Claim (and the Specification)

As a follow-up to the post on the release of the 2019 Revised Patent Subject Matter Eligibility Guidance on January 7, 2019, (“Revised Guidance”), the Patent Trial and Appeal Board (“PTAB”) recently decided Ex Parte Smith Appeal No. 2018-000064 on February 1, 2019, in view of the Revised Guidance. The PTAB also designated the decision … Continue reading Ex Parte Smith – The Name of the Game is the Claim (and the Specification)