Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter […]

Beauregard claims took a hit in the CyberSource Corp. v. Retail Decisions, Inc. decision at the US Court of Appeals for the Federal Circuit.  The Court also pronounced a “human mind power” test for patentable subject matter. CyberSource is the owner of U.S. Patent No. 6,029,154, which recites a “method and system for detecting fraud […]

In Classen Immunotherapies, Inc. v. Biogen IDEC, Circuit Judge Moore dissented to just about everything: I believe that the claims at issue are to a fundamental scientific principle so basic and abstract as to be unpatentable subject matter and therefore I would affirm the district court’s grant of summary judgment of invalidity under § 101…. […]

To me, it’s a good idea to always carry two sacks of something when you walk around. That way, if anybody says, “Hey, can you give me a hand?” You can say, “Sorry, got these sacks.”  ~Jack Handey Chief Judge Rader, joined by Circuit Judge Newman, offered their own deep thoughts in a concurring opinion […]

In the never-ending battle for truth, justice and invalidating methods on natural phenomenon, the U.S. Court of Appeals for the Federal Circuit has once again taken up the burden to review the case of Classen Immunotherapies, Inc. v. Biogen IDEC (06-1634, -1649), after the Supreme Court vacated the CAFC’s earlier decision in view of the […]

In the the Tafas v. Kappos lawsuit, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office David Kappos and the U.S. Patent and Trademark Office filed a joint motion for dismissal of the appeal and to vacate the judgment of the district court below because the USPTO […]

The US Court of Appeals for the Federal Circuit upheld a patent directed to certain fermentation methods used to produce fatty acids such as DHA and reversed the trial court’s interpretation of the term animal to exclude humans in claims directed to methods of increasing the concentration of microbial omega-3 fatty acids such as DHA […]