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ARTICLE · 28 MAY 2020

Federal Circuit Sinks Another Attempt To Use PTO Guidance

McDermott Will & Emery
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The US Court of Appeals for the Federal Circuit found claims directed to methods of fishing to be patent ineligible, affirming a Patent Trial and Appeal Board (PTAB) decision...

United StatesIntellectual Property
Colin J. Stalter
Colin J. Stalter
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The US Court of Appeals for the Federal Circuit found claims directed to methods of fishing to be patent ineligible, affirming a Patent Trial and Appeal Board (PTAB) decision that the claims were directed to the abstract idea of selecting a fishing hook based on observed water conditions. In re: Christopher John Rudy, Case No. 19-2301 (Fed. Cir. Apr. 24, 2020) (Prost, CJ).

The patent family in suit underwent lengthy prosecution beginning with a 1989 application titled "Eyeless, Knotless, Colorable and/or Translucent/Transparent Fishing Hooks with Associatable Apparatus and Methods." After years of amendments, PTAB appeals and a previous visit to the Federal Circuit, Rudy's return to the Federal Circuit provided the Court with an opportunity to both deny him patent coverage and reject US Patent and Trademark Office (PTO) guidance regarding subject matter eligibility.

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