Tag Archives: patent act

The Judicial Response to Eligibility Post-Hantz

Photo of Jeffrey LyonsBy Jeffrey Lyons on Posted in Patent
Ideas Concepts Light Bulb and Gears on Virtual ScreenOn March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101 extended only to claims explicitly addressed in the operative complaint. See Hantz Software, LLC v. Sage Intacct, Inc., … Continue Reading

The Scope of Eligibility

Photo of Alaina J. LakawiczBy Alaina J. Lakawicz on Posted in Patent
Close up of dice on Infringement of patentsFollowing the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage Intacct, Inc., however, the Federal Circuit made a ruling that should give parties pause before moving, particularly in … Continue Reading

Supreme Court Denies Review of the Written Description Requirement

Photo of Ron KernBy Ron Kern on Posted in Patent
Just days after agreeing to review the scope of the enablement requirement in Amgen Inc. v. Sanofi, Aventisub LLC, the Supreme Court denied Juno Therapeutics, Inc.’s (Juno) request to review the scope of the written description requirement. Interestingly, both cases involved similar questions – whether the respective portion of 35 U.S.C. §112(a) is governed by … Continue Reading

SCOTUS Declares That Time Has Expired for Laches Defense in Patent Cases

By Suzanne Alton de Eraso on Posted in Patent
On March 21, the Supreme Court of the United States held in Hygiene Products Aktiebolag v. First Quality Baby Products that laches is not a defense to a damages claim when the Patent Act’s six-year statute of limitations has yet to expire. This decision aligns with the Court’s ruling in Petrella v. Metro-Goldwyn-Mayer Inc., 572 … Continue Reading
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