Femto Sec Tech, Inc. v. Lensar, Inc., 8-15-cv-01689 (CACD June 8, 2016, Order) (Selna, J.)
Friday, June 10, 2016
Dental Laser Patent Not Unpatentable Law of Nature Under 35 U.S.C. § 101
The court denied defendant's motion to dismiss on the ground that plaintiff’s dental laser patent encompassed unpatentable subject matter because the claims were not directed to a law of nature. "[Defendant] fails to indicate what portion of the patent claims appear to claim for itself a particular equation or law of nature. This is not an example of simply stating 'apply it' after reciting a law of nature. The patent does not, in fact, recite a law of nature. [Defendant's] characterization of what constitutes a law of nature or a natural phenomena for purposes of the [Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014)] step one analysis is precisely what the Alice Court warned would 'swallow all of patent law' when the analysis goes too far. . . . The claims are not directed to the use of the electromagnetic spectrum, or the qualities of light broadly, but are specifically directed to a method and system of using laser beams of ultrashort duration. . . . The discovery that the material-removing properties of ultrashort pulsed lasers have beneficial effects is 'not nature’s handiwork' but rather the work of the inventor of the subject matter here."