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Ex Parte LO et al

14599082 - (D) (P.T.A.B. Jun. 6, 2019)
Ex Parte LO et al

12 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. 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

  4. Rapid Litig. Mgmt. Ltd. v. Cellzdirect, Inc.

    827 F.3d 1042 (Fed. Cir. 2016)   Cited 160 times   49 Legal Analyses
    Holding that claims are "directed to" a patent-ineligible concept "when they amount to nothing more than observing or identifying the ineligible concept itself

  5. Ariosa Diagnostics, Inc. v. Sequenom, Inc.

    788 F.3d 1371 (Fed. Cir. 2015)   Cited 130 times   67 Legal Analyses
    Holding ineligible the claimed process for using PCR to amplify cff-DNA in a sample before detecting it

  6. Cleveland Clinic Found. v. True Health Diagnostics LLC

    859 F.3d 1352 (Fed. Cir. 2017)   Cited 113 times   36 Legal Analyses
    Holding that method-of-detection claims were "directed to a natural law" at step one of the Alice inquiry where the claims "use[d] well-known techniques to execute the claimed method" and had "no meaningful non-routine steps"

  7. Vanda Pharms. Inc. v. W.-Ward Pharms. Int'l Ltd.

    887 F.3d 1117 (Fed. Cir. 2018)   Cited 80 times   57 Legal Analyses
    Holding that "[t]he contents of the label itself may permit the inference of specific intent to encourage, recommend, or promote infringement"

  8. In re Sneed

    710 F.2d 1544 (Fed. Cir. 1983)   Cited 21 times   2 Legal Analyses
    Rejecting argument that a prior art reference should not be considered "because it deals with collapsible hose rather than flexible plastic pipe and teaches that rolling 600 feet of 4 inch, noncollapsible hose into a transportable bundle is virtually 'an insurmountable task'" because "it is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."

  9. 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"

  10. 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."

  11. 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"

  12. 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