ARE Patent Litigation Alert:
Federal Circuit—Applying Section 101 as a “Coarse Filter”— Confirms the Patent Eligibility of Some But Not All Claims In Classen Remand

On August 31, 2011, the U.S. Court of Appeals for the Federal Circuit issued another seminal decision on patent-eligibility under 35 U.S.C. § 101 in Classen Immunotherapies, Inc. v. Biogen IDEC, Nos. 2006-1634, 2006-1649, slip op. (Fed. Cir. Aug. 31, 2011) (“Classen IV”). In a prior decision, the same panel had found that all the […]

US reissue procedure can fix failure to include dependent claims

In re Tanaka, No. 2010-1262, US Court of Appeals for the Federal Circuit, 2011 US App. LEXIS 7739, 15 April 2011   Abstract US reissue proceedings may be used to add additional dependent claims even if none of the issued claims are changed.   Legal Context Once a US patent issues, a patentee may seek […]