Publications & Media

Federal Circuit Court Decisions For Week Ending April 1, 2019

IBM v. Iancu, Nos. 2018-1065, 2018-1066 (April 1, 2019) (nonprecedential); Patent No. 7,631,346

Key point(s):

  • Examples of a term in a specification limit the term to defined as things similar thereto.
  • Silence in a reference is not sufficient to construe it as teaching one thing over another.

Cleveland Clinic Foundation v. True Health Diagnostics LLC, No. 2018-1218 (April 1, 2019) (nonprecedential); Patent Nos. 9,575,065 and 9,581,597

Key point(s):

  • Courts are not bound by USPTO guidance, especially with respect to subject matter eligibility issues.
  • Claims directed to techniques for measuring previously undiscovered compounds or correlations between detected compounds and disease using previously known testing methods and statistics are not subject-matter eligible.