Patent claim doesn’t pass two-step test

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 4, 2021 11:26 AM

Patent protection is broadly authorized for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof,” 35 U.S.C. Sec. 101, but there are implied carveouts for “laws of nature, physical phenomena, and abstract ideas.” Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. 66 (2012). Applying the Supreme Court’s two-step “Alice/Mayo test” for determining whether to invalidate a patent based on Section 101’s implicit exceptions, U.S. District Judge Sharon …

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