Posts Tagged: patentability requirements
Federal Circuit Upholds Patent for Biologic Drug Enbrel; Judge Reyna Dissents
On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a holding of the U.S. District Court for the District of New …
Bilski and Its Expansion of the Abstract Idea Exception: A Failure to Define
The Supreme Court's Bilski v. Kappos decision—which celebrated its 10th birthday this past weekend—still matters, even in the age of Mayo-Alice. For one thing, the …
Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious
On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and …
Ten Years From Bilski: The Beginning of the End, with No Improvement in Sight
Ten years ago today, the U.S. Supreme Court handed down what at the time was one of the most important patent decisions in decades. It signaled …
UK Supreme Court Refuses to ‘Water Down’ Sufficiency Requirement
Regeneron has lost a significant battle in its fight with Kymab over patents for transgenic mice. In a 4-1 split decision today, the UK Supreme Court found …
A Tale of Two Electric Vehicle Charging Stations: Drafting Lessons for the New Eligibility Reality
While perusing the Patent Gazette looking for interesting, recently issued patents to discuss during Intro to Patent Prosecution, I stumbled across U.S. Patent No. 10,668,819, titled Enhanced …
Finding a Way Forward: Analyzing Approaches to Artificial Intelligence Inventorship
Earlier this year, the World Intellectual Property Organization (WIPO) received hundreds of submissions commenting on the Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence. Contemporaneously, …
Effects of the Alice Preemption Test on Machine Learning Algorithms
Since the Alice decision, the U.S. courts have adopted different views related to the role of the preemption test in eligibility analysis. While some courts have …
It Is Time to Fix the Courts’ Section 101 Tests on ‘Directed to …’ and ‘Abstract Ideas’—Whether in Chamberlain or Beyond (Part II)
As we concluded in Part I of this article, the courts are being called upon in The Chamberlain Group v. Techtronic Industries, Inc to respond to an …
Envisioning a Future of AI Inventorship
For the past 60 years, scientists have been able to utilize artificial intelligence (AI), machine learning, and other technological advances to “promote the general science …”. U.S. courts …
It Is Time to Fix the Courts’ Section 101 Tests on ‘Directed to …’ and ‘Abstract Ideas’—Whether in Chamberlain or Beyond (Part I)
The case of the “garage door opener,” The Chamberlain Group v. Techtronic Industries, Inc., has received its share of attention. Rightly so. The case, after all, spotlights …
PTAB Invalidation of Zaxcom Claims to Emmy-Winning Microphone Tech Heads to CAFC
On May 26, Zaxcom filed an appeal brief with the United States Court of Appeals for the Federal Circuit (CAFC) requesting review of the Patent Trial and Appeal …
CAFC Affirms PTAB Obviousness Finding, Holds ‘Real Parties in Interest’ Question Final and Non-Appealable
Last week, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision on appeal from the United States Patent and Trademark Office (USPTO) …
Chamberlain Petitions SCOTUS to Review CAFC’s ‘Refusal to Assess Claims as a Whole’ in Garage Door Opener Case
On May 15, the Chamberlain Group Inc. filed a petition for a writ of certiorari asking the U.S. Supreme Court to review the U.S. Court of …
Illumina v. Ariosa Diagnostics: A Closer Look
The Federal Circuit recently found that a method for preparing an extracellular DNA fraction from a pregnant human female and using it for analyzing a genetic locus …
