直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Claims Directed to Improved Cardiac Monitoring Technology Are Patent Eligible Under 35 U.S.C. § 101

April 24, 2020

Authored and Edited by Kathryn R. Judson; Caitlin E. Fowler; Elizabeth D. Ferrill

In CardioNet, LLC v. InfoBionic, Inc., No. 2019-1149 (Fed. Cir. Apr. 17, 2020), the Federal Circuit reversed and remanded the district court’s determination that the claims of U.S. Patent No. 7,941,207 were directed to patent-ineligible subject matter under 35 U.S.C. § 101.

The ’207 patent claims are directed to techniques for monitoring electrical activity in the heart to detect the presence of atrial fibrillation.  At step one of the Alice test, the district court concluded that the claims were directed to the abstract idea of distinguishing atrial fibrillation by focusing on the variability of the irregular heartbeat. At step two of the Alice test, the district court recognized that the claimed invention “may well improve the field of cardiac telemetry,” but that CardioNet had failed to “identify improvements to any particularized technology.” Thus, the district court found the ’207 patent claims ineligible under § 101 and granted InfoBionic’s motion to dismiss.

On appeal, the Federal Circuit found that the claims of the ’207 patent were not directed to an abstract idea, but rather were directed to a patent-eligible improvement to cardiac monitoring technology. The Court explained that the district court erred in oversimplifying the claims and concluding that they were “directed to automating known techniques.” The Court held that the claims were instead directed to specific methods for improving cardiac monitoring technology. The Court also clarified that the Alice step one inquiry can be resolved at the Rule 12(b)(6) stage without assessing the state of the art because it presents a legal question that can be determined without looking outside the intrinsic evidence.

Judge Dyk dissented-in-part, arguing that the majority improperly included “confusing dicta” on the role of extrinsic evidence in the patent-eligibility analysis but agreed that the claims were patent eligible under 35 U.S.C. § 101.

Tags

patentable subject matter, 35 U.S.C. § 101, Written description (35 USC § 112)

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Related Offices

Washington, DC

Contacts

Kathryn R. Judson
Associate
Atlanta, GA
+1 404 653 6466
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2020 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information. 

Related Insights

Conference

2027 ABA-IPL Section Annual Meeting – IPLSPRING

April 14-15, 2027

Arlington

Conference

Patent Litigation Europe 2027

January 18-20, 2027

Amsterdam

Reception

2026 IPO Education Foundation Awards Dinner

December 15, 2026

Washington, DC

Conference

IP Life Sciences Forum 2026

December 13-15, 2026

Coral Gables

Panel Discussion

2026 Advanced Patent Law Institute

December 3-4, 2026

Stanford

Webinar

Data and Market Exclusivity: An Update on China’s New Law and Comparisons to the US and Europe

November 19, 2026

Webinar

Conference

IPBC Asia 2026

November 17-19, 2026

Tokyo

Conference

NAPABA Convention 2026

November 12-14, 2026

Los Angeles

Conference

IAM Live: Trade Secret Strategy USA

November 10, 2026

San Jose

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP