Posts Tagged: Alice v. CLS Bank
Building High-Quality Patent Portfolios in the United States and Europe: Part II – Software Patents
In Part I of this series, we discussed how patent portfolio managers should be careful when generating company-owned prior art or reviewing competitor prior art, and how …
La Cour d’Appel de l’Absurde (The Court of Appeals of the Absurd)
Reading the recent opinion of Judges Prost and Taranto in Yu and Zhang v. Apple and Samsung, Appeal Nos. 2020-1760, 1803 (Fed.Cir. June 11, 2021), I’m reminded of …
Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome
Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
Examining Confusion Between the Chamberlain and Berkheimer Decisions at the Federal Circuit
If you’re reading this blog, then you likely are an avid follower of the Section 101 saga. The most recent episode in this saga, Chamberlain v. Techtronic …
Trading Technologies Files New Request for En Banc Rehearing of ‘Ladder Tool’ Patent Decision at Federal Circuit
On August 15, Trading Technologies International, Inc. (TT) petitioned the Federal Circuit again for panel rehearing and rehearing en banc of its recent decision that found TT’s …
Federal Circuit Nixes Claims for Garage Door Opener as Abstract Under Alice
A Federal Circuit panel comprising Judges Lourie, O’Malley and Chen issued a precedential opinion yesterday, August 21, in part reversing a district court’s finding that certain …
Patent Trends Study Part One: Twelve-Industry Overview
This is the first in a thirteen-part series of articles authored by Kilpatrick Townsend that IPWatchdog will be publishing over the coming weeks. The series will examine …
EFF Trolls the Patent Office with ‘Save Alice Campaign’
The Electronic Frontier Foundation (EFF) is at it again, this time with what they refer to as a Save Alice campaign. The EFF does not like the …
What Happens to Diagnostic Method Patents After Athena?
I am sure that the justices of the Supreme Court did not anticipate the confusion they created when they issued their controversial decision in Alice Corporation v. …
IPR Tax, Alice Shock, and the Dynamics of the Licensing Market as Reflected by the LES High-Tech Royalty Surveys
The Licensing Executives Society (LES) 2017 High Tech Deal Term & Royalty Rate Survey is a milestone event for at least three reasons. First, it was the third survey …
Why the Federal Circuit is to Blame for the 101 Crisis
When the Supreme Court believes that the Federal Circuit has made an error, they will reverse and remand with broad guidance, but often are not able to …
The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation
Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
Director Iancu Should Personally Conduct Video Training Explaining Section 101 Guidance
During the interview with Technology Center Director Tariq Hafiz we discussed whether it is realistic to expect patent examiners to perform a complete Section 101 analysis, including comparing …
Federal Circuit Relies on Printed Matter Doctrine in Affirming Examiner’s Rejection of Claims Under 35 U.S.C. § 101
The examiner concluded the claims were directed to the abstract idea of rules for playing a game, which fell within the realm of methods of organizing human …
American Innovation at Risk: The New Congress Must Clarify Which Inventions Are Eligible for Patents
The U.S. Supreme Court has muddied the waters about patent eligibility in a way that threatens American innovation. Capitol Hill is beginning to discuss this as …
