Posts Tagged: patentability requirements
Beyond the Slice and Dice: Turning Your Idea into an Invention
The patent process actually starts well before you file a patent application or seek assistance from a patent attorney. Every patent application starts with an invention, and …
Chrimar v. ALE: Federal Circuit Approves PTAB Nullification of Previously Affirmed Jury Verdict
Yesterday, the Federal Circuit once again breached a fundamental boundary of our American system of law. This particular transgression has occurred only a handful of times, but …
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 …
A Step Forward for the STRONGER Patents Act
The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
Federal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (…
Other Barks & Bites, Friday, September 13: CASE Act Moves Out of Committee, Iancu Discusses SEPs and PTAB Designates Two Decisions as Precedential
This week in Other Barks & Bites: the Federal Circuit issued precedential decisions regarding secondary considerations of non-obviousness, limits to design patents and collateral estoppel of antitrust claims …
If You Want to Protect Your Business Method, Reframe It as a Technical Invention
The most effective way to protect an inventive business method is with a patent on a technical invention. Ever since the U.S. Supreme Court’s 2014 Alice …
Federal Circuit Is Hesitant to Construe Patent Claims in the First Instance on Appeal
The Federal Circuit recently vacated and remanded a decision by the Northern District of California granting a motion on the pleadings that claims related to “toolbars” on …
‘Substantially Equivalent’ Disclosure May Satisfy Written Description Requirement Under Certain Circumstances
The Federal Circuit recently affirmed in part and reversed in part a district court decision holding that Actavis Laboratories FL, Inc.’s (“Actavis’s”) generic Abbreviated New …
Alice: Benevolent Despot or Tyrant? Analyzing Five Years of Case Law Since Alice v. CLS Bank: Part I
It’s been five years since the Supreme Court remade the law of patent eligibility in Alice Corp Pty Ltd v. CLS Bank Int’l. As we …
Latest Federal Circuit Ruling on 101 Strikes Down Mallinckrodt Method of Treatment Claims; Newman Dissents
In the most recent exploration of Section 101 by the Federal Circuit, Chief Judge Sharon Prost authored a non-precedential opinion holding the claims of a patent for a …
Damage to Our Patent System by Failure to Honor the U.S. Legal Framework: Double Patenting
As the summer winds down, it is time again to focus on how to fix the U.S. patent system. In June, the Senate Judiciary’s IP …
PTAB Institutes Series of IPRs Brought by Pfizer Against Sanofi Patents
During the week of August 12 - 16, the Patent Trial and Appeal Board (PTAB), issued 26 institution-phase decisions in inter partes review (IPR) proceedings. Nine IPR petitions were denied …
Note to the Federal Circuit: Spewing Illogical Nonsense Does Not Make It True
The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment in Solutran, Inc. v. Elavon, Inc., Nos. 2019 U.S. App. LEXIS 22516 (Fed. Cir. …
Other Barks & Bites, Friday, August 23: POP Issues Key Ruling, Gilead Challenges PrEP Patents, Qualcomm and LG Enter Licensing Agreement
This week in Other Barks & Bites: the USPTO’s Precedential Opinion Panel delivers a key ruling for inventors; the Second Circuit rules that a series of six …
