Patent Specification Has Become Vital For Nonabstract Claims

Law360 (June 9, 2020, 2:50 PM EDT) -- Intrinsic evidence — and, in particular, the patent specification — plays an increasingly important role in determining whether claims are directed to nonabstract patent-eligible subject matter.

A pair of decisions from the U.S. Court of Appeals for the Federal Circuit in April should serve to remind practitioners that drafting the specification to describe technological improvements captured by the claims is crucial in avoiding patent eligibility issues during prosecution. The cases are CardioNet LLC v. InfoBionic Inc.[1] and Uniloc USA Inc. v. LG Electronics USA Inc.[2]

CardioNet successfully appealed the U.S. District Court for the District of Massachusetts' finding that claims of...

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