U.S. ETHERNET INNOVATIONS v. ACER, INC. (Fed. Cir. 2016) (NP) – There must be a nexus between the claim language and teachings purported to define the claimed invention

by Steve Driskill | Apr 25, 2016 | [sub] importing limitations, Claim Interpretation

There must generally be a nexus between the claim language and any teachings in the specification purported to define the claimed invention. Here, for example, the scope of the claimed “buffer memory” was found to be broader than the full-frame buffers described in...

IN RE BROWN (Fed. Cir. 2016) (NP) – A conventional machine is not sufficient to transform an abstract idea into a patent-eligible concept

by Steve Driskill | Apr 22, 2016 | [sub] Alice step two, Subject Matter Eligibility

Using a conventional machine in a conventional way to effectuate an otherwise abstract idea is not sufficient to transform the abstract idea into a patent-eligible concept under 35 U.S.C. § 101. Here, for example, using scissors to create a hair style selected...

IN RE MAN MACHINE INTERFACE TECH LLC (Fed. Cir. 2016) (P) – Broadest reasonable interpretation does not cover prior art explicitly disclaimed in the specification

by Steve Driskill | Apr 19, 2016 | [sub] broadest reasonable interpretation, Claim Interpretation

The broadest reasonable interpretation rubric employed by the PTO does not ordinarily cover prior art implementations explicitly disclaimed in the specification. Here, for example, a hand-held remote control device claimed as being “adapted to be held by the human...

GENETIC TECHNOLOGIES LIMITED v. MERIAL L.L.C. (Fed. Cir. 2016) (P) – Combining conventional implementation of a law of nature with a mental process step is not patent eligible

by Steve Driskill | Apr 8, 2016 | [sub] biotech, Subject Matter Eligibility

Diagnostic and therapeutic method claims that combine routine and conventional physical implementation of a law of nature with a simple mental process step are not patent eligible. Here, for example, analyzing non-coding regions of a person’s genome to detect coding...

IN RE HUBBELL INCORPORATED (Fed. Cir. 2016) (NP) – A mere preference does not constitute teaching away from a proposed combination of prior art references

by Steve Driskill | Apr 7, 2016 | [sub] teaching away, Obviousness

A mere preference that conflicts with a proposed combination of prior art references does not rise to the requisite level of discrediting or disparaging remarks necessary to establish that the prior art teaches away from the proposed combination. Here, for example,...