Posts Tagged: patent eligible
USPTO memo explains changed Alice Step 2B to examiners
Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
USPTO issues 101 guidance limiting examiner ability to merely conclude elements are well-known, convention or routine
The Notice is significant because in a 101 rejection, an examiner cannot simply assume that elements or a combination are "well understood, routine or conventional." Examiners will be …
Director Iancu tells Senate: 101 is an issue “we must all address”
"The PTO we will work to provide more concrete tests – to the extent possible given Supreme Court precedent," Director Iancu said speaking about patent eligibility. "This is …
It is already too late, but we still have time
“If companies were to lobby to allow for more polluting most people would think that is unethical,” Lauder explained. But there are people lobbying to make it …
The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations
In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …
Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility
A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence. In particular, the dissent quotes Secured …
Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors
While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …
Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents
A group of six patent law professors filed an amicus brief with the Court of Appeals for the Federal Circuit in Cleveland Clinic v. True Health Diagnostics. …
Breaking Through on Patent Eligibility, From Drafting to Litigation
Over the last five weeks there has been a seismic shift in the way the Federal Circuit views the resolution of patent eligibility issues during patent infringement …
China Outpaces U.S. in AI Startup Funding, Aims for AI Dominance
In 2017, 48 percent of the world’s entire equity funding for AI startups was located in China. The U.S. was in second-place, lagging behind at 38 percent of …
PTAB is Bogged Down by Eligibility Appeals
The low allowance rates and nearly blanket eligibility-rejection issuance in the business-method art units is not without consequence. Beyond disincentivizing innovation, the examination of business-method applications is …
Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101
In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …
Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss
"The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint …
Is there a Light at the End of the Alice Tunnel?
Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment
Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
