A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Eligibility

"Courts Do Not Declare Patents to be Eligible Under § 101"

Andrew E. Russell, Jan. 3, 2024
§ 101 Eligibility

"Not invalid" may be a double negative, but it's definitely not the same as "valid." Markus Spiske, Unsplash

Chief Judge Connolly issued a short opinion this morning denying a motion for summary judgment that a patent was not patent ineligible, in C.R. Bard, Inc. v. Angiodynamics, Inc., C.A. No. 20-1544-CFC-SRF (D. Del. Jan. 3, 2024).

In short, the patentee had previously succeeded on the issue of § 101 ineligibility at the Federal Circuit, which reversed a lower-court finding of ineligibility and held that:

[T]he asserted claims in Bard’s three patents are directed to eligible subject matter under § 101.

C.R. Bard, Inc. v. Med. Components, Inc., C.A. Nos. 2022-1136, 2022-1186, 2023 U.S. App. LEXIS …

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Don't Short-Change the Representative Claims Argument in a § 101 Motion—Part II

Andrew E. Russell, July 19, 2022
Representative Claim § 101

Legos make for good representative claim analogies.
Hello I'm Nik, Unsplash

We've talk before about how accused infringers so often give short shrift to the representative claims issue in § 101 briefing, and how it deserves a lot of attention if you want to prevail on a § 101 motion to dismiss.

Judge Burke issued an R&R yesterday, following his recent § 101 day, invalidating one claim of an asserted patent—but declining to hold 27 other claims valid, citing the accused infringer's poor representative claims argument:

I will note that I [have] been reviewing Section 101 motions like these for most of my entire 11 years as a judge[;] during that time, I have resolved many, many such motions. But I cannot recall ever having seen …
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