YEDA RESEARCH AND DEVELOPMENT v. ABBOTT GMBH & CO. KG (Fed. Cir. 2016) (P) – Identifying an invention by its known properties may support claims to undisclosed yet inherent properties

A disclosure that adequately identifies an invention by its known properties may be used to support later claims to undisclosed yet inherent properties. Here, for example, a protein described in a priority application in terms of a partial amino acid sequence and...

MCRO, INC. v. BANDAI NAMCO GAMES AMERICA (Fed. Cir. 2016) (P) – Using a computer to automate novel as opposed to conventional activity is not an abstract idea

The claimed use of a computer to automate novel as opposed to conventional activity is not directed to an abstract idea. Here, for example, claims focusing on the automatic use of rules of a particular type for creating 3-D animation were found to be non-abstract...

UCB, INC. v. YEDA RESEARCH AND DEVELOPMENT (Fed. Cir. 2016) (P) – Unentered claims may prevent other claims from being interpreted to encompass the same subject matter

Claims denied entry during prosecution for including new matter may prevent other claims from being later interpreted to encompass the same subject matter. Here, for example, claims directed to a particular species of cytotoxin that were rejected during prosecution...

VOCALTAG LTD. v. AGIS AUTOMATISERING B.V. (Fed. Cir. 2016) (NP) – Algorithmic structure for a means-plus-function element need not be illustrated explicitly in the drawings

Algorithmic structure corresponding to a means-plus-function element need not be illustrated explicitly in the drawings when the associated text of the specification makes clear that the claimed function is contemplated. Here, for example, an algorithm illustrated in...