Posts Tagged: Patentability
How to Safeguard AI Technology: Patents versus Trade Secrets
A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device
On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
CAFC Affirms Section 112 Invalidation/ Non-Infringement in Synchronoss v. Dropbox Dispute
On February 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s conclusion of invalidity under Section 112 and/or non-infringement in …
Pardon Me, But What Is the Point of Deciding Whether or Not a Reference ‘Teaches Away’?
"Teaching away" is a concept important to obviousness analysis under U.S. patent law. "Teaching away" basically bears upon the issue of motivation to combine elements in …
Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday upheld the District of Delaware’s grant of judgment as a matter of law (…
Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite
The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday issued a precedential opinion affirming a Delaware district court finding that Infinity Computer Products, Inc.’…
Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance
Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory
The U.S. Court of Appeals for the Federal Circuit (CAFC) on February 1 held in part that the United States Patent and Trademark Office’s (UPSTO) Patent …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)
In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part I)
Last year was an active one at the United States Court of Appeals for the Federal Circuit (CAFC) for software eligibility. It also was a brutal year …
The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight
American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …
One Entrepreneur’s Story: Snapizzi Gets Caught in the Section 101 Snare
In 2015, Randy dela Fuente launched Snapizzi. Randy had bet big, putting his career, savings, and company at risk. Later, Randy brought in a business partner, Chris Scoones, …
The Inventive Step in Chinese Patent Law Compared With the U.S. Non-Obviousness Standard
While China is becoming an increasingly attractive patent filing destination for foreign companies, foreign counsels are often confused by the country’s inventive step requirement. Indeed, Chinese …
Federal Circuit Holds Google Forfeited Claim Construction Arguments Not Presented to PTAB
On November 13, the Federal Circuit affirmed a decision of the Board in In re: Google Technology Holdings LLC. In particular, the CAFC upheld a decision of the …
