Monday, 26 March 2018

VPATAPP Alert_The Federal Circuit Disagrees Over How to Analyze Patent Eligibility


By K&L Gates

On March 8, 2018, the Court of Appeals for the Federal Circuit, in Exergen Corp. v. Kaz USA, Inc., held that patent claims involving body temperature detection were directed to patent-eligible subject matter under § 101. The Federal Circuit also held that trial court findings regarding the second prong of the subject matter eligibility test under 35 U.S.C. § 101 (“§ 101”)—whether claimed elements were routine, conventional, and well understood in the art—are findings of fact, entitled to the deference of clear error review. [1] The Court stated that although the question of subject matter eligibility is one of law, it can be based on underlying findings of fact, analogizing the inquiry to indefiniteness, enablement, and nonobviousness. The opinion is nonprecedential but provides insight into how Federal Circuit judges view the analytical framework for § 101.


No comments:

Post a Comment