David Mahon

23 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,410 times   519 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation
  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 799 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility
  3. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 816 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible
  4. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 537 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter
  5. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 500 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula
  6. Parker v. Flook

    437 U.S. 584 (1978)   Cited 369 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable
  7. SAP Am., Inc. v. Investpic, LLC

    898 F.3d 1161 (Fed. Cir. 2018)   Cited 255 times   7 Legal Analyses
    Holding that an advance in financial mathematical techniques does not constitute an inventive concept
  8. Astrazeneca LP v. Apotex, Inc.

    633 F.3d 1042 (Fed. Cir. 2011)   Cited 194 times   14 Legal Analyses
    Holding that FDA-required instructions did not create functional relationship to drug
  9. Rowe v. Dror

    112 F.3d 473 (Fed. Cir. 1997)   Cited 227 times   3 Legal Analyses
    Finding that "balloon angioplasty catheter" in preamble to claim was structural limitation
  10. In re Smith

    815 F.3d 816 (Fed. Cir. 2016)   Cited 31 times   9 Legal Analyses
    Finding that "appending purely conventional steps to an abstract idea does not supply a sufficiently inventive concept"
  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,990 times   998 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,484 times   2270 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"
  14. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  15. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well
  16. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  17. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and