Posts Tagged: Alice
Drafting Lessons from a 101 Loss in the Eastern District of Texas
On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
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, …
Changing the Presumption: Shifting U.S. Patent Policy From a ‘Bad Actor’ to ‘Rational Actor’ Model (Part I of II)
Since the Supreme Court’s Alice decision in 2014, the Judiciary’s development of 101 law has caused such an upheaval, Congress may need to intervene. In a July 2018 …
Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act
Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
It May Be Time to Abolish the Federal Circuit
I don’t really know why we need the Federal Circuit anymore. Witness the denial of en banc rehearing in Athena Diagnostics, Inc. v. Mayo Collaborative Services, …
Alice Five Years Later
Five years ago the United States Supreme Court issued a decision in Alice Corp. v. CLS Bank, 134 S.Ct. 2347 (2014), which significantly changed the way courts and patent …
Free CLE Webinar: Dissecting Alice at Five: The Good, the Bad and the Ugly
Join Gene Quinn, President and CEO of IPWatchdog, Inc., on Thursday, June 20, 2019 at 2pm EDT for a special free webinar discussion focusing on the Alice decision five …
Mayo Response Brief in Athena v. Mayo at CAFC Argues Athena Claims Impede Treatment Decisions
The presently pending petition for en banc review in Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC has been addressed by Sherry Knowles and Meredith Addy and …
Sherry Knowles Responds to ACLU’s Urgent Phone Briefing and Letter Opposing Reform to Section 101
This morning, the American Civil Liberties Union (ACLU), which will be represented in Wednesday’s hearing on Section 101 reform by Senior Legislative Counsel Kate Ruane, announced an …
More Patent Packages Sold in 2018 Than Any Other Market Year
When discussing potential patent purchases with buyers, we continue our push to end the use of the phrase “low quality” to broadly characterize rejected patents. We often …
Per-Asset Patent Pricing Sees Sharp Shift in 2018
In any market, pricing is where the rubber meets the road. As a buyer, you will not be taken seriously if you significantly underbid, yet you want …
Urge the Drafters of the New Section 101 to Support Inventor-Friendly Reform
Senators and Representatives Coons, Tillis, Collins, Johnson, and Stivers recently announced in a press release a proposed framework to fix patent eligibility law in the United States. …
Patent Trends Study Part Four: Computational Biology and Bioinformatics Industry
In our fourth article studying patent trends data across industries, we turn to the computational biology and bioinformatics industry. Computers have transformed many aspects of our everyday …
Reflections Upon Disagreeing with Judge Paul Michel
Recently, I’ve written several articles laying the blame for the patent eligibility crisis squarely on the Federal Circuit. Yes, we all know the Supreme Court is …
Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents
In one of its latest opinions attempting to parse precedent on the subject matter eligibility of software, method of use, and business method patents that arguably involve …
