Posts Tagged: patent eligibility


Study Suggests Individuals and Startups More Likely to Face Invalidly 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 Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
6 days ago 18

Focusing on the Details: What Two Recent USPTO Matters Can Teach Us About Patentability Analyses

Two matters currently pending before the United States Patent and Trademark Office illustrate the consequences of focusing upon details of a claim rather than upon the claimed …
By Daniel Hanson
6 days ago 3

CAFC Holds Sequenom’s Prenatal DNA Patent Claims Eligible Under 101

The U.S. Court of Appeals for the Federal Circuit (CAFC) has reversed a district court decision finding certain claims of two patents covering prenatal DNA testing …
By Eileen McDermott
21 days ago 12

Consumer 2.0 v. Tenant: CAFC Skirts Another 101 Analysis with Rule 36

Last week, the U.S. Court of Appeals for the Federal Circuit issued a Rule 36 judgment in a patent eligibility case, Consumer 2.0, Inc. v. Tenant Turner, Inc., …

Judge Paul Michel to Patent Masters Attendees: It’s Time to Wake Up to Preserve Our Patent System

Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel told registrants of IPWatchdog’s Virtual Patent Masters program taking place …
By Eileen McDermott
22 days ago 14

Federal Circuit Affirms Board Finding That Customedia Patents Are Directed to an Abstract Idea

The United States Court of Appeals for the Federal Circuit recently ruled on a Patent Trial and Appeal Board (Board) Covered Business Method (CBM) Decision, affirming the …

Function and Structure in Computers: A Stakeholder’s View

As an independent inventor, I am greatly concerned about the new proposed Section 112(f) wording related to “functional claiming” that was put forward as part of the …
By Peter Lablans
1 month ago 40

Lessons of Wisdom Following Athena SCOTUS Denial and October 2019 Patent Eligibility Guidance Update

This article relates to key practice pointers for making a claim patent-eligible subject matter according to the U.S. Patent and Trademark Office’s (USPTO’s) October 2019 …
By Jay S. Pattumudi
2 months ago 12

Are You Bullish or Bearish on the 2020 Patent Market?

Are you bullish or bearish on the 2020 patent market? That is the question I asked a panel of experts recently. Each of the experts surveyed will participate …
By Gene Quinn
2 months ago 29

A Window is Open to Save U.S. Patents—Don’t Let it Slam Shut

There is a window open for legislative action on patent reform, and the innovator community is blowing it. Google fired its lobbyists in Washington, D.C., and …
By Gene Quinn
2 months ago 29

Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and …
By Gene Quinn
2 months ago 56

Supreme Court Denies Trading Technologies, ChargePoint Petitions

The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
By Eileen McDermott
2 months ago 18

Nintendo Dodges $10.1 Million Jury Verdict in Texas Order Invalidating iLife Patent Under Alice

The U.S. District court for the Northern District of Texas, Dallas Division, overturned a $10.1 million jury verdict on January 17 against Japanese gaming giant Nintendo under the …
By IPWatchdog
3 months ago 15

Reflections on Denial of Cert in Athena Diagnostics

I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’…
By Sherry Knowles
3 months ago 24