Latest Section 101 Cert Petition Before SCOTUS Says CAFC Answered Two-Step Test with Single Inquiry

Yesterday, a petition for writ of certiorari was filed at the U.S. Supreme Court taking aim at the federal judiciary’s conflation of subject matter eligibility with other areas of the patent statute, a growing concern in U.S. patent law since the Court decided Alice v. CLS Bank International (2014). Arguing that the U.S. Court of Appeals for the Federal Circuit used a single observation to answer both steps of the Alice/Mayo inquiry, the petitioner urges the Court to correct the Federal Circuit’s replacement of its flexible two-step Section 101 framework with rigid proxies that avoid the evidentiary safeguards of other patentability statutes.

When the Quantum-AI Invention Stack Speeds Up Discovery, Patent Practice Has to Move Upstream

Artificial intelligence (AI) and quantum computing are compressing the invention cycle itself. That compression is no longer theoretical. Discovery Loop, a new public benefit corporation founded by leading former Google and Google DeepMind researchers, has announced a mission to automate experimental loops of the scientific method; the AItonomy Foundation similarly frames automated experimental loops as a path to accelerating science and engineering. The trend is also visible in Faraday, a recent AI model for automated scientific discovery that links model-driven hypothesis generation with iterative experimentation and R&D workflows, further illustrating how AI systems are moving from passive analysis toward active participation in the scientific method.

Fresenius Says to Congress, ‘Do as I Say Not as I Do’ on Drug Patents

Congress frequently seeks advice from experts in a wide variety of industries. In theory, this expert testimony helps lawmakers craft better, more nuanced legislation. Sometimes these “expert” witnesses aren’t especially knowledgeable. Even worse, sometimes they mislead lawmakers in the hope of advancing legislation that benefits their own companies, even if it hurts the country. That’s precisely what happened in June, when the House Judiciary Committee held a hearing to investigate whether patenting practices in the pharmaceutical industry are driving up drug prices.

CAFC Says NPE Must Show Licensees Complied with Patent Marking Provision

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today, authored by Chief Judge Moore, first affirming a district court’s orders dismissing a patent infringement complaint without granting leave to amend and awarding attorney’s fees, and secondly, dismissing an appeal of attorney sanctions for lack of jurisdiction. VDDP, LLC sued Volkswagen Group of America, Inc. in the U.S. District Court for the Southern District of Texas, alleging infringement of its U.S. Patent No. 9,426,452, relating to “electrically controlled spectacles.”… The district court dismissed the case with prejudice under Rule 12(b)(6), denied the motion for leave to amend as futile, denied VDDP’s motion to amend the judgment under Rule 59(e), awarded Volkswagen $207,543.60 in attorney’s fees, and sanctioned VDDP’s counsel, William Peterson Ramey III, under 28 U.S.C. § 1927, holding him and VDDP jointly and severally liable for the attorney’s fees.

Federal Circuit Upholds PTAB Obviousness Rulings Against Single Cell Sequencing Patents

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in 10x Genomics, Inc. v. Parse Biosciences, Inc., affirming three Patent Trial and Appeal Board (PTAB) final written decisions that found all challenged claims of three 10x Genomics patents unpatentable as obvious. Circuit Judge Cunningham wrote for the court, joined by Circuit Judges Taranto and Bryson, and rejected each of the four challenges that 10x Genomics raised on appeal.

AI Won’t Replace Patent Lawyers—But it is Coming for Commodity Patent Work | IPWatchdog Unleashed

This week on IPWatchdog Unleashed, I explain why I believe artificial intelligence is unlikely to eliminate experienced patent lawyers. That being said, AI is already transforming prior-art searching, claim comparison, application drafting, office-action responses, and portfolio analysis. But the strategic opportunity for competently using AI is not simply to produce more patents faster, but to reach a substantially better work product within the time and budget previously required to reach an acceptable but incomplete result. With that in mind I predict that AI will expose practitioners whose work consists primarily of commodity production.

CAFC Affirms PTAB Decisions Upholding Fuel Injector Patent Claims

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Robert Bosch LLC, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc., affirming two Patent Trial and Appeal Board (PTAB) final written decisions that found Robert Bosch and Mercedes-Benz USA failed to prove challenged claims of two fuel injector patents would have been obvious. The court rejected arguments that the PTAB lacked substantial evidence to find that a prior art reference disclosed a flexible membrane capable of flexing during actuation, thereby failing to meet a specific hydraulic link limitation.

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