Insights

Federal Circuit finds a cardiac monitor device not abstract (and, therefore, patent eligible) under the Supreme Court’s Alice test

April 2020
Marshall Gerstein Insights

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.

DISCLAIMER: The information contained in this post is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney. Views expressed are those of the author and are not to be attributed to Marshall, Gerstein & Borun LLP or any of its former, present, or future clients.

Offsite Notice

By clicking “Proceed” below, you will be opening a new browser window and leaving our website.