Federal Circuit Holds Medical Diagnostic Method Not Patent-Eligible

Patent claims directed to “guiding the selection of a treatment regimen for a patient with a known disease or medical condition” were held not patent-eligible under 35 U.S.C. § 101 by a unanimous Federal Circuit panel.  Smar… Read More

Does a "Covered Business Method" Patent Review Warrant a Stay of Litigation?

A court in the Eastern District of Texas has declined to stay litigation where the United States Patent and Trademark Office is conducting a “Covered Business Method” review of the patent-in-suit under Section 18 of the Americ… Read More

When Is a Document Publicly Available (and Therefore Prior Art)?

A document can qualify as “prior art” under 35 U.S.C. § 102 even when the document is what one might charitably describe as barely publicly available, and even when the document is incomplete. In re Enhanced Security Research… Read More

When are Hardware AND Software Required to Infringe Patent Claims?

A district court properly construed patent claims as requiring both hardware and software, and properly granted summary judgment of non-infringement where the defendants’ products used  potentially infringing hardware, but… Read More