Posts in Patentability


Polling the Bar: An Unscientific Survey of Our Colleagues on Alice

Earlier this month, attorneys and patent practitioners from all over the nation, and far corners of the globe, descended upon Bethesda, Maryland for the 31st Annual Intellectual …
By Mark Mathison 3 days ago 3

What should we do about Alice?

Showing a bowl of spaghetti on one of his first few PowerPoint slides set the tone. The law as it applies to software patent eligibility is a …
By Gene Quinn 8 days ago 24

After Alice: Is New Legislation Needed? Before Alice: Was there a Precedent?

the Courts have found it difficult to use the Mayo two-part test in the examination of a patent’s validity thus creating great uncertainty... One should not …
By Martin Goetz 9 days ago 7

Broadband iTV files amicus brief supporting Versata petition for certiorari

Versata presented four questions to the Supreme Court, some very specific to CBM proceedings. In its amicus brief, Broadband iTV more generally asks the Supreme Court to …

Federal Circuit guidance is needed because district courts are misapplying Alice

The District Court’s errors in the Broadband iTV decision are a paradigmatic and telling manifestation of certain of the manners in which district courts are misapplying …
By Kelly Mackin 23 days ago 74

Amici led by Eli Lilly file brief in Supreme Court in support of Sequenom certiorari petition

Rather than use the word 'conflate' to describe the mongrel mixture of patentability requirements the Supreme Court undertook in Mayo, the Eli Lilly brief characterizes the analysis …
By Gene Quinn 25 days ago 8

Bulletproof TransData patents get trial date in GE patent infringement dispute

What makes this particularly noteworthy, however, is the fact that in the nearly six years since the lawsuits were originally filed, these TransData patents have collectively prevailed …
By Gene Quinn & Steve Brachmann 1 month ago 1

Appending Conventional Steps to Abstract Idea an Insufficient Inventive Concept

The Court held that dealing “physical playing cards” did not constitute patent eligible territory. This constituted a “purely conventional” activity, like the conventional computer implementation that fell …

SCOTUS Blog founder asks Supreme Court to reconsider Mayo ruling in Sequenom v. Ariosa

This is as straightforward a certiorari candidate as any patent case can be. It is manifestly important: A host of judges and amici have stressed that the …
By Gene Quinn 1 month ago 16

Reducing amorphous Alice-based abstract idea rejections with a better approach to examples

As we await the next Update from the Patent Office on subject matter eligibility, it may be worthwhile to consider further the role of examples given in …
By Louis Hoffman 1 month ago 7

Bass, Spangenberg IPR of Juxtapid gets instituted by PTAB

Kyle Bass and Erich Spangenberg (Coalition for Affordable Drugs) won two more victories at the Patent Trial and Appeal Board (PTAB). This time Bass and Spangenberg obtained …
By Gene Quinn 2 months ago 3

CAFC: Reference May Anticipate if it Inherently Teaches Claimed Combination of Elements

The Court affirmed the Board’s finding that one Figure and certain passages in the description of the reference disclosed a limited number of elements and suggested …

Alice’s Tourniquet: A Solution to the Crisis in Patentable Subject Matter Law

The Supreme Court’s own precedents provide overwhelming authority for interpreting § 101 broadly and, conversely, interpreting its judicial exceptions to § 101 narrowly. These precedents provide ample support for the …
By Kip Werking 2 months ago 38

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn 2 months ago 2

Using contrasting examples to rein in capricious application of Alice by the patent examining corps

Although categorizing abstract ideas could be helpful, the use of categories expands the risk of overbreadth, especially when the categories have little definition, include sub-categories, and lack …
By Louis Hoffman 2 months ago 7