InfoBionic, Inc. v. Cardionet, LLC, et al.
Antitrust Patent Privacy JusticiabilityDoctri
Whether the Federal Circuit has properly narrowed the scope of the abstract idea exception under 35 U.S.C. § 101
QUESTION PRESENTED This Court has long recognized that fundamental concepts and basic mental processes are not patent eligible. This so-called “abstract idea” exception to 35 U.S.C. § 101 is critical to ensuring that patent monopolies do not impede innovation. In this case, the Federal Circuit held—in direct conflict with this Court’s decisions—that invoking the abstract idea exception requires a showing that the challenged claims recite a “longstanding” human practice. App. 25a; see id. at 18a-19a. The question presented is: Whether the Federal Circuit has properly narrowed the scope of the abstract idea exception under 35 U.S.C. § 101.