Matthew Grady

Matthew Grady brings significant industry experience in the computer sciences to his practice and counsels clients large and small, tailoring individualized solutions that balance business needs with the development of intellectual property portfolios. He guides clients through the development of effective intellectual property-building strategies incorporating utility patents, design patents, trademarks, copyrights and trade secret forms of protection.

Recent Posts

Alice Subject Matter Eligibility: The “Directed to” Inquiry is a Meaningful Step

Posted by Matthew Grady on Jul 21, 2016

Matthew Grady

In Enfish, LLC. V. Microsoft Corp., the Federal Circuit reversed the district court’s summary judgment of invalidity under §101 (subject matter) and §102 (anticipation). In reviewing the lower court’s decision, the Federal Circuit focused analysis on the first part of the Alice Corp. test for determining patent-eligible subject matter. The Federal Circuit placed particular emphasis on the first step of the two-part test: Are the claims directed to an abstract idea? The Federal Circuit noted that the “formulation [of the test] plainly contemplates that the first step of the inquiry is a meaningful one, i.e., that a substantial class of claims are not directed to a patent-ineligible concept.” 

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Plain and Ordinary Meaning Tempered by Application Examples

Posted by Matthew Grady on Jun 20, 2016

Matthew Grady

In Eon Corp. v. Silver Spring Networks, the Federal Circuit reversed a finding of infringement, identified a failure to construe “portable” and “mobile,” and directed entry of a judgment of non-infringement based on a proper construction of the plain and ordinary meaning of mobile and portable.

What This Means to You

  • Interpretation of plain and ordinary meaning of claim terms is conducted in view of the specification.
  • Ambiguous examples may not support broader claim scope, especially where detailed examples provide support for a narrower interpretation of the claims.
  • Explicitly claim all your embodiments and, if possible, keep continuation applications pending to provide an opportunity to resolve ambiguity.
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Wolf Greenfield's CAFC Blog

Here, Wolf Greenfield attorneys summarize and identify key takeaways from recent patent law cases decided by the U.S. Court of Appeals for the Federal Circuit. View past case summaries here.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.