Posts Tagged: § 103
The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name
Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
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 …
Federal Circuit Upholds Thales Motion Tracking Patent Asserted against U.S. Government for Second Time
The recent Federal Circuit decision in Elbit Systems of America, LLC v. Thales Visionix, Inc. affirmed a final written decision issued by the Patent Trial and Appeal …
SSH Communications Enters Cross-License Agreement with Sony After Losing Patents at PTAB
On Monday, February 5th, Finnish enterprise cybersecurity solutions firm SSH Communications Security announced that it had entered into a patent cross-license and settlement agreement with Japanese electronics …
Google Suffers IPR Defeat on Patent Asserted Against YouTube by Network-1
On Tuesday, January 23rd, the Court of Appeals for the Federal Circuit issued a ruling in Google LLC v. Network-1 Technologies, Inc. which affirmed a finding by …
CAFC says PTO Reexamination Should Not Preclude Validity Challenges at District Court
Along with the willfulness finding, the Federal Circuit also overturned findings of no invalidity on a patent that had already survived multiple reexaminations at the U.S. …
58 Patents Upheld in District Court Invalidated by PTAB on Same Grounds
When going through the list of patents that have been deemed valid in district court and then invalidated through PTAB proceedings, there are 58 cases where the patent …
PTAB Errors Fatal to Hundreds of Legitimate Patents
There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …
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 …
Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB
On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by …
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 …
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 …
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 …
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 …
