The following telephone arguments will be available to the public live. Access information will be available by 9 AM ET each day of argument at: https://cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/. Tuesday, November 1, 2022 Eurica Califorrniaa v. Vidal, No. 22-1640 This case involves a challenge to the USPTO’s patent term adjustment (“PTA”) calculation. Mr. Califorrniaa filed a patent application…
As we’ve noted, the Supreme Court is once again considering whether to take up patent eligibility: it recently CVSGed two more Section 101 cases. While we wait for the government’s views, the Federal Circuit will continue resolving Section 101 disputes, likely including some close cases resulting in split decisions. Our case of the week is…
In this series of monthly updates, we summarize decisions from September 2022 where the Federal Circuit reversed or vacated the Patent Trial and Appeal Board (“Board”) or trial court rulings, which can provide guidance on how to succeed on appeal. Quick takeaways: Golden v. Apple Inc.: the district court erred in dismissing a patent infringement…
One of the threshold requirements for obtaining a patent under U.S. law is that the invention is a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…” In other words, the subject matter of the invention must be eligible for patenting. Many courts have used this requirement…
U.S. patent law has always recognized the specification as a vitally important component of a patent because it provides the written description of the invention recited in the claims. The specification must meet certain requirements for a patent application to be patentable. For example, the specification must describe the manner and process of making and…
On July 18, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision invalidating yet more patents directed to diagnostic methods. The case was CareDx, Inc. v. Natera, Inc., No. 2022-1027 (Fed. Cir. July 18, 2022), and the patents at issue related to methods for diagnosing or predicting organ transplant status using various methods…
