Recent Patent-Eligibility Cases Leave Unanswered Questions

Law360 (March 12, 2018, 9:27 PM EDT) -- In a series of recent decisions, the Federal Circuit has upheld patents and found that they do not claim patent-ineligible abstract ideas or laws of nature, but the rulings have left attorneys pining for more guidance about where the court will draw the line on patent eligibility in future cases.

Three times in the past month, most recently in a Wednesday decision involving forehead thermometers, the appeals court has held that the inventions at issue are patent-eligible because they are not "well-understood, routine and conventional," a phrase from a 2012 U.S. Supreme Court decision.

Following a slew of rulings in recent...

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