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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged patent eligibility
The SG’s American Axle brief highlights that Alice has become too unpredictable to be useful.

There is the distinct possibility that Section 101 is finally returning to the Supreme Court. In American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, No. 20-891, the Supreme Court invited the Solicitor General for the views of the United States on the pending petition for certiorari. In response, Solicitor General recommended granting the petition, at least with respect to one of the questions. The SG’s brief underscores the consensus that Alice has spawned more uncertainty than predictability.

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Federal Circuit clarifies patent-eligibility for diagnostic method patents: Endo v. Teva and Natural Alternatives v. Creative Compounds.

The Federal Circuit has recently issued two precedential decisions that clarify when method-of-use and diagnostic patents are directed to eligible subject matter rather than natural laws.  Some clear guidelines are solidifying that should make enforcement of these principally pharmaceutical-type patents easier to handicap.

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Markman AdvisorsEndo, Teva, Mayo, Ariosa, Vanda, Natural Alternatives, Creative Compounds, patent, Federal Circuit, patent eligibility, Section 101, method of treatment, method of use, diagnostic, Zachary Silbersher, Silbersher, oxymorphone, beta-alanineComment