CAFC Reverses $9.1 Billion Exceptionality Award, Holding Myriad Did Not Foreclose Patent Owner’s 101 Argument

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday reversed a district court’s award of attorneys’ fees to Elysium Health, Inc., holding that the lower court erred in assessing the substantive strength of ChromaDex’s Section 101 position. The appeal is rooted in the CAFC’s 2023 decision affirming the U.S. District Court for the District of Delaware’s grant of summary judgment for Elysium Health that the asserted claims of ChromaDex’s patent on an isolated form of vitamin B3 were directed to unpatentable subject matter under Section 101.

Other Barks & Bites for Friday, October 30: CAFC Reverses Attorney’s Fee Award in Section 101 Case; IFFRO Releases Study on AI’s Negative Impacts on Creators; and Fifth Circuit Reverses Patent Agreement Production Order to UPC

This week in Other Barks & Bites: the Federal Circuit reverses an exceptionality determination after finding that the patent owner raised Section 101 arguments requiring more than a simple application of Myriad; the Seventh Circuit rules that copyright ownership to a compilation of unpublished psychotherapy articles cannot prevent the otherwise authorized publication of a single article included within the compilation; and more.

Federal Circuit Affirms PTAB’s Unpatentability Finding for Palo Alto Networks

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday affirmed a Patent Trial and Appeal Board (PTAB) ruling that held certain claims of a patent for network intrusion monitoring and detection unpatentable as obvious. The opinion was authored by Judge Chen. U.S. Patent No. 7,895,641 is owned by BT Americas (BTA). Palo Alto Networks, Inc. petitioned for inter partes review (IPR) of the ‘641 patent, and the PTAB ultimately determined claims 1–7 and 15–17 would have been obvious in view of two prior art references.

Your Product Works: Do You Have the Rights to Commercialize It?

The demo works. A potential customer is interested. Then the contract arrives, asking the company to confirm that it has the rights necessary to provide the product, protect customer information, and stand behind an infringement claim. The company’s customer commitments must match the rights it actually holds. A working demo alone cannot establish that match.

Viral, Valuable, and Potentially Costly: Who Owns Memes?

A meme can travel from a private joke to a global advertising campaign before its creator – or the owner of the image behind it – has time to object. Coined by Richard Dawkins in 1976 to describe a unit of cultural transmission that replicates and mutates as it spreads, “memes” include reaction GIFs, catchphrases, and familiar templates such as “Distracted Boyfriend” and “Surprised Pikachu.” For brands and creators, that speed and reach can be irresistible: the right meme, deployed at the right moment, can reach millions within hours.

Federal Circuit Affirms Section 101 Rejection of Pro Se Applicant’s Bartering Method Claims

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in In re Wenkman affirming a Patent Trial and Appeal Board (PTAB) decision that upheld the rejection of all pending claims in a pro se applicant’s patent application directed to a computer-implemented method for bartering groceries and other goods for silver and gold. The CAFC agreed with the Board that the claims are directed to an abstract idea and lack an inventive concept under 35 U.S.C. Section 101.

C4IP Urges Treasury to Reconsider Proposed Rule to Extend COINS Act Investment Restrictions to Biotech

The Council for Innovation Promotion (C4IP) issued a statement Tuesday expressing concern about a rule recently proposed by the U.S. Department of the Treasury to enact the Comprehensive Outbound Investment National Security (COINS) Act, which was itself enacted as part of the Fiscal Year 2026 National Defense Authorization Act.

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