Posts in Federal Circuit


USPTO Commissioner for Patents on Life Five Years After Alice: We’ve Come a Long Way

Panelists in this past Thursday’s IPWatchdog webinar, “Dissecting Alice,” gave credit to the U.S. Patent and Trademark Office (USPTO) for the steps it has taken …
By Eileen McDermott
2 days ago 1

Inventors Must Oppose the Draft Section 101 Legislation

When it was announced that I would be testifying to the Senate Judiciary Subcommittee on IP about Section 101, I was surprised. Not only did they grant a …
By Paul Morinville
3 days ago 34

Last Week at the PTAB: Comcast Denied Petitions Against Rovi; Priceline.com Wins Six Joinder Motions

During the week of June 10, the Patent Trial and Appeal Board (PTAB) issued institution decisions for 21 petitions seeking inter partes review (IPR) proceedings to challenge the validity …
By IPWatchdog
5 days ago 0

After Alice: IP Stakeholders Comment on Alice’s Impact Five Years On

Since the Supreme Court issued its decision in Alice v. CLS Bank five years ago today, patent eligibility jurisprudence and practice have become increasingly chaotic—at least …
By IPWatchdog
7 days ago 66

Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation

Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should …
By John Vandenberg
7 days ago 26

Arguing Device-and-Method Eligibility Under the Present and Future States of U.S. Patent Law

Here's the hypothetical: A patent application has been filed for a new medical device. The device reads various physiological signals from a patient and presents, with previously …
By Daniel Hanson
8 days ago 11

Federal Circuit Issues Precedential Decisions On Who Can Petition for and Who Can Be Subject to Inter Partes Review

Late last week, the Federal Circuit issued Power Integrations, Inc. v. Semiconductor Components Indus., LLC and Regents of the Univ. of Minnesota v. LSI Corp. These two …

The Only Way to Counter False Claims on Patent Reform is to Enter the Debate

Coverage of the ongoing patent reform debate in the Senate Judiciary Committee by the popular press has been alarmist and largely incorrect. For example, even just yesterday—…
By Gene Quinn
9 days ago 12

Forging Ahead After Losing an Alice Appeal

It’s tough to fight on after losing an Alice appeal, but that’s just what most applicants are doing. An “Alice appeal” is an appeal of …
By Mark Nowotarski
9 days ago 6

Supreme Court Denies 43rd Petition for Cert on 101 Grounds in Villena v. Iancu

Villena v. Iancu (Supreme Court Dkt. No. 18-1223), which is the 43rd patent eligibility case to be considered for certiorari since the notorious Alice Corp. decision, was …

Federal Circuit to University of Minnesota: No State Sovereign Immunity For You

The Federal Circuit today ruled that The University of Minnesota (UMN)—an arm of the state of Minnesota—is not protected by state sovereign immunity from a …
By Eileen McDermott
12 days ago 24

Other Barks & Bites for Friday, June 14: TERM Act Targets Patent Evergreening, Senate Patent Eligibility Hearings Wrap, and Huawei Seeks Patent Licenses From Verizon

This week in Other Barks & Bites: the Supreme Court’s decision in Return Mail prohibits the federal government from petitioning for America Invents Act (AIA) patent validity …
By IPWatchdog
12 days ago 0

Final Panelists at Senate 101 Hearings Stress Real-World Effects of Status Quo, Tillis Signals Changes to Draft Text

After three hearings and 45 witnesses, there were few new fundamental arguments advanced for or against reforming patent eligibility law at today’s final Senate IP Subcommittee hearing …
By Eileen McDermott
15 days ago 25

Patent Attorneys Address Implications of SCOTUS’ Return Mail Ruling

Yesterday, the U.S. Supreme Court ruled in Return Mail, Inc. v. United States Postal Service that the U.S. government doesn’t qualify as a “person” …
By IPWatchdog
15 days ago 4

Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform

Last week, all eyes were on the first two days of historic Senate Judiciary IP Subcommittee Hearings, led by Senator Thom Tillis (R-NC), Chair of the Subcommittee, …
By Gene Quinn
16 days ago 18