Posts Tagged: Alice Corp. v. CLS Bank
Drawing Software Patent Drafting Guidance in 2021 from an Unlikely Source: the Federal Circuit
Since the Supreme Court’s Alice decision in 2014, inventors have faced extra hurdles trying to protect their software-related inventions with patents. A chief obstacle has been satisfying …
Cybergenetics Appeals Ohio Federal Judge Ruling that Alice Kills DNA Analysis Patents
On October 13, 2020, Cybergenetics filed a notice of appeal to the Federal Circuit from a decision of the Northern District of Ohio, Eastern Division, that held the patent …
Study Suggests Individuals and Startups More Likely to Face Invalidity Under Alice
To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …
How to Prepare and Prosecute Patents in Light of the USPTO’s Post-Alice Focus on Eligibility
Since the issuance by the United States Supreme Court of its opinion in Alice Corporation Pty Ltd. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014), the United …
If You Want to Protect Your Business Method, Reframe It as a Technical Invention
The most effective way to protect an inventive business method is with a patent on a technical invention. Ever since the U.S. Supreme Court’s 2014 Alice …
Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True
The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment in Solutran, Inc. v. Elavon, Inc., Nos. 2019 U.S. App. LEXIS 22516 (Fed. Cir. …
Note to President Trump: Silicon Valley Pirates Are a Bigger Threat to Intellectual Property Than China
There is a lot of focus—and rightly so—on China’s stealing of U.S. intellectual property (IP). Recently, Trump economic adviser Larry Kudlow stated on …
Trading Technologies Petitions Federal Circuit for En Banc Rehearing, Likening Its Invention to Mechanical Tool Claims
On July 31, Trading Technologies, a firm that develops software used for electronically trading derivatives, filed a combined petition for panel rehearing and rehearing en banc at the …
One Overlooked Consequence if Congress Discards Alice: More Williamson Section 112(f) Challenges
Coverage of the Senate Judiciary Subcommittee on Intellectual Property hearings on proposed amendments to the Patent Act has trumpeted the possibility that Congress will undo the Alice …
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, …
Business Method Patents Recover Under USPTO Guidance
Business method patents have recovered under the new 2019 Revised Patent Subject Matter Eligibility Guidance. As the graph above shows, allowances per office action (APOA) dropped from 17% before …
Patent Trends Study Part Six: Medical Devices Industry
In the sixth installment of our 13-part patent-trends study (performed in collaboration with GreyB) providing high-level data across industries, we will examine trends in the medical-device industry. …
Patent Trends Study Part Two: IoT Industry
In yesterday’s article, we introduced our patent-trends study (performed in a collaboration between Kilpatrick Townsend and GreyB Services) and provided high-level data across industries. Today’s …
Federal Circuit Affirms PTAB Ruling Finding Graphical User Interface Claims Patent Ineligible
In Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers LLC (2018-1063), the Federal Circuit agreed with the Patent Trial and Appeal Board (PTAB) that the contested …
Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test
Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
