Tag Archives: Federal Circuit

Federal Circuit, USPTO Clarify Subject Matter Eligibility for Methods of Treatment

On June 7, 2018, the USPTO issued new guidance in the form of a memorandum regarding the patentability of methods of treatment. This memorandum, issued in response to the Federal Circuit’s holding in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Circ. 2018), emphasizes that patent claims directed towards methods of treatment may … Continue reading this entry

SAS "Ground" Rules

In a quartet of recent decisions, the Federal Circuit has confirmed that SAS Institute extends beyond mandating the inclusion of all claims when trial is instituted, and extends to all grounds as well.  These decisions confirm that the Board’s “binary choice” is to institute (or not) on all claims challenged in a petition, as well … Continue reading this entry

Federal Circuit Rejects Appeal of Walker Process Claim

In Xitronix Corp. v. KLA-Tencor Corp., No. 2016-2746 (Fed. Cir. Feb. 9, 2018), the Federal Circuit considered whether it or a regional circuit had jurisdiction over an appeal of a case raising only Walker Process antitrust claims. The court held that, in view of the Supreme Court’s decision in Gunn v. Minton, 568 U.S. 251 … Continue reading this entry

Federal Circuit: Rare Guidance on Subject Matter Eligibility of Software Claims

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled “Computing device with improved user interface for applications,” are directed to an improved user interface which has a “specific application … Continue reading this entry