Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Litigation

IP News

By Jeff Ginsberg and Zhiqiang Liu

 

Federal Circuit Declines to Follow Patent Office's Subject Matter Eligibility Guidance In Affirming Trial Court's Decision That Claims Are Directed to Patent-Ineligible Subject Matter

On April 1, 2019, a Federal Circuit panel consisting of Judge Lourie, Judge Moore and Judge Wallach issued a unanimous, nonprecedential opinion, authored by Judge Lourie, in Cleveland Clinic Found. v. True Health Diagnostics LLC, 2019 U.S. App. LEXIS 9451 (Fed. Cir. 2019). Cleveland Clinic Foundation and Cleveland Heartlab, Inc. (together, Cleveland) appealed the United States District Court for the Eastern District of Virginia's decision that the claims at issue were directed to patent-ineligible subject matter. Because the district court correctly concluded that the claims are directed to a natural law and recite no other inventive concept, the panel affirmed.

Cleveland sued True Health Diagnostics LLC (True Health) for infringement of two related patents, asserting claims that are directed to methods of detecting an elevated myeloperoxidase (MPO) concentration in a plasma sample from a human subject with atherosclerotic cardiovascular disease (ACVD). Slip Op. at 6-7. In granting True Health's Rule 12(b)(6) motion, the district court found the asserted claims patent-ineligible as directed to a natural law under 35 U.S.C. §101 and dismissed Cleveland's complaint for failure to state a claim. Slip Op. at 7.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.