The COVID-19 pandemic has spurred interest in real estate in life sciences, which spans sectors such as biomedical devices and pharmaceuticals. Legal & General will invest an initial $500 million through the new company Ancora L&G, with plans to bring investment up to $4 billion over the next five years, it said in a statement. investment by its alternative assets arm, the insurer said on Wednesday. life sciences and technology real estate in the first U.S. The Federal Circuit in Data Engine found that other claims were ineligible for this very reason.īill Sigler is a partner in Fisch Sigler LLP’s Washington, DC office.LONDON, May 25 (Reuters) - British insurer Legal & General has formed a 50:50 partnership with U.S. Stark finding that the specification didn’t “discuss any technological problems in the field nor explain how the claimed invention provides an unconventional technological solution.” But if that argument can’t credibly be advanced, a defendant can still succeed by showing that the claim-at-issue isn’t limited to the disclosed solution. 2018) provides a successful example of this approach in the District of Delaware, with Chief Judge Leonard P. to merely trace the invention to some real-world analogy.” Instead, defendants should attack the intrinsic record’s failure to disclose a specific solution to a specific problem. Indeed, the Federal Circuit stated in Data Engine, “It is not enough. On the flip side, these and other recent decisions establish that challengers must do far more than argue that the claimed idea was long known or analogous to some other real-world solution. Plaintiffs would also be wise to assert claims that expressly incorporate the specific technological solution described in the specification. For instance, the Federal Circuit relied on articles praising the invention that appeared in the file history in the Data Engine case. This description is typically found in the specification, but the file history may provide an additional resource. Given the prevalence of such challenges, plaintiffs would be wise to select patents for assertion that describe a specific problem in the prior art and a specific advancement that solves this problem. So for patentholders, the preparation for withstanding a Section 101 challenge should begin before filing the case. The Federal Circuit concluded that the claims-at-issue were directed to solving that problem through a “structure containing a license record stored in a particular, modifiable, non-volatile portion” of memory. And similarly, in Ancora, the court traced the specification’s discussion of the problem in the prior art of identifying and restricting unauthorized software use. notebook tabs) within a particular spreadsheet display that performs a specific function” solving this problem. It explained that a representative claim of one patent-in-suit was eligible because it recited “a specific structure (i.e. More specifically, in Data Engine, the Federal Circuit cited the specification’s identification of the problem in the prior art of navigating through three-dimensional or multipage electronic spreadsheets. As it did in other recent decisions, the court relied heavily on the intrinsic evidence’s discussion of this solution and problem. The Federal Circuit did so because it found that the claims were directed to a specific technological solution to a specific problem in the prior art. In each of these cases, the Federal Circuit reversed the district court’s Alice step-one conclusion that the claims-at-issue were directed to an abstract idea. 16, 2018)-help highlight the optimal approaches for practitioners on either side of the caption. Two recent precedential decisions- Data Engine Technologies LLC v. Over the past year, though, the court’s approach to Section 101 challenges to software patents has come into sharper focus. CLS Bank decision, the Federal Circuit’s application of the Alice test has taken a number of twists and turns. Since the Supreme Court’s landmark 2014 Alice Corp.
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