Even Groundbreaking Medical Discoveries May Not Be Patentable

THE CLEVELAND CLINIC FOUNDATION, CLEVELAND HEARTLAB, INC., v. TRUE HEALTH DIAGNOSTICS LLC: No. 2016-1766; June 16, 2017.  Before Lourie, Reyna, and Wallach. Takeaway: Patent claims directed to observing a law of nature are patent-ineligible subject matter even if based on a valuable discovery. Service providers cannot be liable for contributory infringement if …

Claims Directed to Encoding and Decoding Image Data Held Patent-Ineligible

RecogniCorp, LLC v. Nintendo Co., Ltd., No. 2016-1499 (Fed. Cir. April 28, 2017) (precedential).  On appeal from W. D. Wash. Before Lourie, Reyna, and Stoll. Takeaway: Adding one abstract idea (mathematical equation) to another abstract idea (encoding and decoding) does not render the claim non-abstract. A claim directed to an abstract …

Graphical User Interface Improvements Without Pre-Electronic Analog Found Patent Eligible

TRADING TECHS. INT’L, INC. v. CQG, INC.: Jan. 18, 2017. Before Newman, O’Malley, Wallach. Takeaway: A new application or computer-implemented function is patent eligible when it is not simply the use of a computer to conduct a known process, but rather improves the whole system’s capability. Procedural Posture: Judge Coleman …

A Claimed Solution That Merely Aids in Mental Translation Instead of Computer Efficacy is Not an Inventive Concept Under Alice

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma SYNOPSIS v. MENTOR GRAPHICS: Oct. 17, 2016. Before Lourie, Moore, Chen. The Takeaway: Claims directed to the abstract idea of translating a functional description of a logic circuit used in computers into a hardware component description of the logic …

Streaming User-Selected Content to a Portable Device Is Not Patent Eligible as Claimed

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr AFFINITY LABS OF TEXAS, LLC V. AMAZON.COM INC., No. 2015-2080 (Fed. Cir. Sep. 23, 2016) (precedential).  On appeal from W.D. Tex. Before Prost, Bryson, and Wallach. Procedural Posture: In an appeal related to that of Affinity Labs of Texas, LLC …