Exergen Corp. v. Kaz USA, Inc. (Fed. Cir. 2018)

By Kevin E. Noonan — The tortured path that the Federal Circuit has taken (a path also trodden by the U.S. Patent and Trademark Office and the district courts) of applying the patent eligibility decisions under Mayo Collaborative Services v. Prometheus Laboratories, Inc. and Alice Corp. v. CLS Bank Int'l. is illustrated in a 2-1 decision handed down by the Federal Circuit on March 8th in Exergen Corp. v. Kaz USA, Inc. In comparing the rationales used by the District Court and the majority with the dissenting opinion, this case illuminates a fundamental issue in properly applying subject matter eligibility…Original Article