Posts Tagged: patent eligible
Consider the Courage of Judge Newman at the Federal Circuit
With more dissents than any other Federal Circuit Judge in history, Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
Antitrust Laws Are Not Enough to Kill Big Tech Monopolies
The United States is looking to antitrust law to break up big tech. Later today, for example, the House Subcommittee on Antitrust, Commercial, and Administrative Law will …
The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect
I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
How Senate IP Subcommittee Witnesses on Patent Eligibility Responded to Questions from Senator Blumenthal
Through the first half of June, a series of hearings on the state of patent eligibility in America held by the Senate Intellectual Property Subcommittee rendered a …
Last Week at the PTAB: Comcast Successful on Multiple Petitions, Unified Patents Sees Mixed Results
Last week, the Patent Trial and Appeal Board (PTAB) issued 31 decisions related to petitions for inter partes review (IPR) proceedings, instituting 14 IPRs and denying the other 17. Although …
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, …
Thoughts on the Course of the Federal Circuit After Its Denial of En Banc Rehearing in Athena v. Mayo
The Court of Appeals for the Federal Circuit was created to provide much-needed clarity and consistency to the nation's patent law. In prior decades, the law had …
Beyond 101: An Inventor’s Plea for Comprehensive Reform of the U.S. Patent System
Inventors are seeing the light and are looking increasingly to the East for protection of their patents. Specifically, to China, where patent protection was once non-existent; China …
Athena v. Mayo: A Splintered Federal Circuit Invites Supreme Court or Congress to Step Up On 101 Chaos
On July 3, the Court of Appeals for the Federal Circuit denied en banc rehearing in Athena Diagnostics v. Mayo Collaborative Services. The 86-page order from the Federal …
Other Barks & Bites for Wednesday, July 3: Athena v. Mayo Denied En Banc Review; USPTO Announces Trademark Attorney Rule; China Says IP Theft Will Be Compensated
Happy 4th! This week Barks & Bites comes early, starting with a bite: The Federal Circuit denies rehearing of Athena Diagnostics v. Mayo Collaborative Services, shattering the hopes …
Has Cellspin Resurrected Electric Power Group?
I thought the Electric Power Group decision was effectively dead. It used an overbroad characterization of patent claims under Step 1 of Mayo/Alice. Following that decision, I …
As Congress Contemplates Curbing Alice, More Than 60% of Issued U.S. Patents are Software Related
It has been more than two years since I last wrote here that the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision has left …
Urge Congress to Keep the Established and Efficiently Working Sections 100 and 112 of the U.S. Patent Act
Now that the Senate Subcommittee on Intellectual Property has concluded its hearings on patent eligibility reform, it appears that the draft changes to Sections 100 and 112 are the …
Federal Circuit Cellspin Ruling Provides Important Clarifications on Aatrix and Berkheimer
On June 25, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Cellspin Soft, Inc. v. Fitbit, Inc. (2018-1817, 2018-1819 to 1826), reversing a …
Patent Masters™ Symposium Delivers Three Recommendations to Congress on Patent Reform
IPWatchdog’s third Patent Masters Symposium was held this past week in Arlington, Virginia, and included some of the best and brightest in the patent world. The …
