Posts Tagged: CAFC


Federal Circuit Reverses Patent Ineligibility Finding at Pleading Stage in Natural Alternatives

In Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC, the Federal Circuit reversed the decision of the United States District Court for the Southern District of California, …

Other Barks & Bites for Friday, March 22: Vanda Action at Supreme Court, Apple Has to Pay, and Senators Express Concerns Over Fourth Estate

This week in Other Barks & Bites: the Supreme Court asks for the U.S. Solicitor General’s view on whether patents that claim a method of medically …
By IPWatchdog
4 days ago 0

Alice is Due for Reversal: Science Proves Its Reasoning Unsound

Since the 2014 Supreme Court decision in Alice v. CLS Bank International, patent claims including software have faced a much higher barrier for receiving patents than any other …
By David Reardon & Gene Quinn
5 days ago 11

Showing ‘Meaningful Limits’ in Patent Claims

The USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance provides that if an abstract idea represented in one or more claim elements is integrated into a practical …
By Dennis Carleton
7 days ago 4

Federal Circuit Again Reverses PTAB’s Finding of Unpatentability in Apple IPR Challenge

The Federal Circuit recently reversed a decision of the Patent Trial and Appeal Board (Board) finding claims of a patent owned by PersonalWeb Technologies, LLC to be …

Examining the USPTO’s First Precedential Opinion Panel Decision

The first decision issued by the new USPTO Precedential Opinion Panel (POP) tackled the difficult issues of statutory interpretation of sections 35 U.S.C. § 315(b) and 35 U.…
By Russell Slifer
12 days ago 3

Don’t Give Up: Section 101 Allowances Are Up at USPTO

The data shows that Section 101 allowances at the USPTO are on the rise after a long period of decline, but the 101 situation still remains “alarming,” said panelists …
By Eileen McDermott
12 days ago 2

Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions

The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context …

Congress is Trying to Fix 101: To Do So, They Must Overrule Mayo

The state of patent eligibility in America is shocking. Between the passage of the 1952 Patent Act and 2012, when the U.S. Supreme Court decided Mayo Collaborative Services …
By Gene Quinn
19 days ago 34

TC Heartland Two Years On: Waiting for Federal Circuit Panels to Get on the Same Page

In May of 2017, the United States Supreme Court delivered a unanimous decision in TC Heartland LLC v. Kraft Food Group Brands LLC that reversed the Federal Circuit …
By Gene Quinn
20 days ago 5

Federal Circuit Says Correction of Inventorship Claims Were Plausible, Vacates District Court Dismissal in Coda v. Goodyear

The Federal Circuit recently vacated a district court’s decision dismissing a complaint under Federal Rule of Civil Procedure 12(b)(6). Coda Development S.R.O. v. Goodyear …

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. …
By Robert Stoll
20 days ago 5

Federal Circuit Rules Momenta Has No Standing after Ceasing Development of a Biosimilar

Earlier this month, the Federal Circuit dismissed an appeal from the Patent Trial and Appeal Board (Board) where the Board upheld the patentability of a biologics patent. …

Internet Companies File Latest Brief in Support of Google in Fight with Oracle at Supreme Court

Mozilla, Mapbox, Medium, Patreon, Etsy, and Wikimedia have filed an amicus brief in support of Google in its case against Oracle at the U.S Supreme Court. …
By Eileen McDermott
27 days ago 7

Federal Circuit Deems Written Description Requirement Satisfied if Specification Identifies the Claimed Invention in a Definite Way

The United States Court of Appeals for the Federal Circuit recently issued a ruling reversing a district court’s grant of summary judgment of non-infringement and invalidity …