United States:
In A Recent Case (Cardionet, LLC v. Infobionic, Inc.) Demonstrating The Patentability Of Medical Devices In The U.S., The Federal Circuit Found A Cardiac Monitor Device Not Abstract (and, Therefore, Patent Eligible) Under The Supreme Court's Alice Test
10 June 2020
Marshall, Gerstein & Borun LLP
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In a recent case (Cardionet, LLC v. Infobionic, Inc.)
demonstrating the patentability of medical devices in the U.S., the
Federal Circuit found a cardiac monitor device not abstract (and,
therefore, patent eligible) under the Supreme Court's
Alice test.
A common test to demonstrate patent eligibility is to show an
"improvement" in the underlying technology.
The Federal Circuit found that test was sufficiently met for the
cardiac device: "In our view, the claims focus on a specific
means or method that improves cardiac monitoring technology; they
are not directed to a result or effect that itself is the abstract
idea and merely invoke generic processes and machinery."
Access the full case: Cardionet, LLC v. Infobionic,
Inc.
Originally published April 2020.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
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