Posts Tagged: § 102
Supreme Court decides Helsinn v. Teva, Secret Sale Qualifies as Prior Art Under the AIA
n a relatively short, unanimous decision authored by Justice Thomas, the Court begins by explaining that twenty-years ago in Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 67 (1998) the …
Industry Reaction to Helsinn Healthcare v. Teva Pharmaceuticals Oral Arguments
On Tuesday, December 4th, oral arguments were held before the U.S. Supreme Court in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA. The nation’s highest …
Categorical Rules and Why the Investpic Holding Should Worry Everyone
This assertion is a mischaracterization of Alice Corp., which never held that the intermediated settlement claims at issue in Alice Corp. were abstract because of the risk …
Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review
The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ... PGRs are …
Distribution Agreement Considered a Commercial Offer and On-Sale Bar
The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …
Combinations do Not Anticipate if Artisan Would Not Immediately Envision Claimed Combination
The Federal Circuit heard the case of Microsoft Corp. v. Biscotti, Inc. After Biscotti, Inc. (“Biscotti”) sued Microsoft Corp. (“Microsoft”) for patent infringement, Microsoft filed three unsuccessful …
Inherency Rejections: Combating Inherent Obviousness
An inherency rejection, whether it be inherent anticipation or inherent obviousness, can be extremely difficult to overcome. Indeed, at many times it seems there is a great …
Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee
To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
Lessons from Five Years of PTAB Trials
As we mark the fifth anniversary of the effective date of Patent Trial and Appeal Board trials on September 16, we find that the early years of the …
Trends in Copyright Litigation for Tattoos
An increasing trend in copyright infringement suits filed in the United States has tattoo artists bringing suit against entertainment entities, and in some cases against the tattoo …
Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear
Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO …
Federal Circuit invalidates another patent upheld at PTAB after IPR
The Federal Circuit issued a decision in Homeland Housewares, LLC v. Whirlpool Corporation, which ought to be completely unnerving to every owner of a U.S. patent …
Revising Section 101 of the Patent Act: What’s at Stake?
These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …
Patentability: The Novelty Requirement of 35 U.S.C. 102
Essentially, §102 requires the patent applicant to demonstrate that the invention is new. In essence, in order for a claimed invention to violate this "newness" requirement it must …
Alice Who? Over Half the U.S. Utility Patents Issued Annually are Software Related!
I have always argued that software patent eligibility is a must in a country where patent rights are guaranteed by the Constitution. That is, all fields of …
