Posts Tagged: Patentability


Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA

On Thursday, September 9, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) sent a letter addressed to Drew Hirshfeld, performing the functions and duties of the Director of …
By Steve Brachmann
1 month ago 2

Building High-Quality Patent Portfolios in the United States and Europe: Part I – Intervening Prior Art

One ingredient that distinguishes a good patent portfolio from a great patent portfolio can be the synergistic strength of its U.S. and European patent family members. …

CAFC Reverses Massive Jury Verdict for Juno and Sloan Kettering

The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a jury verdict for Juno Therapeutics and Sloan Kettering Institute for Cancer Research (Juno), …
By Eileen McDermott
2 months ago 0

Drafting AI Patents: Challenges and Solutions

Artificial Intelligence (AI) is the latest buzzword across all sectors. Every tech and non-tech company is vigorously filing, strategizing or planning to enter the AI patent domain. …
By Aastha Uppal
2 months ago 3

CAFC Reverses PTAB Patentability Finding in Campbell Soup Dispenser Case

The U.S. Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales …
By Eileen McDermott
2 months ago 2

In Partial Reversal of Two IPRs, CAFC Says PTAB Erred in Prior Art Determination

On August 17, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, vacated in part, and remanded two final written …
By Logan Murr
2 months ago 0

Teva Wins One, Loses Two at CAFC in Migraine Treatment Patent Cases

The U.S. Court of Appeals for the Federal Circuit today issued two precedential decisions and one nonprecedential decision in cases involving Teva Pharmaceuticals and Eli Lilly, …
By Eileen McDermott
2 months ago 0

DABUS Scores Again with Win on AI Inventorship Question in Australia Court

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the …
By Eileen McDermott
3 months ago 24

‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

Artificial intelligence (AI) is everywhere, touching nearly every aspect of our daily lives, including how we work, communicate, shop, travel and more. The term “AI” is generally …

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
3 months ago 14

A Recent Senate IP Subcommittee Hearing Demonstrates the Danger of Patent Fallacies

During the Senate Judiciary’s Subcommittee on Intellectual Property hearing, titled Protecting Real Innovations by Improving Patent Quality, held on June 22,  Jorge Contreras, Presidential Scholar and Professor …
By Paul Morinville
4 months ago 10

Disclosure Requirements in Software Patents: Avoiding Indefiniteness

How much detail is needed in a patent application for a software-based invention? Software patents present some unique challenges that many other kinds of patent applications do …
By Rackham H. Karlsson
4 months ago 23

Patent Procurement and Strategy for Business Success Part III: Prosecution – Wielding an Invisible Hand

In the United States Patent and Trademark Office's (USPTO’s ) patent academy (or today’s version of such), patent examiners are taught that the objective of the …
By Reginald Ratliff
4 months ago 3

iLife Ties Its Patent Eligibility Fate to American Axle at Supreme Court

iLife Technologies last week petitioned the U.S. Supreme Court to hear its appeal of a January 2021 U.S. Court of Appeals for the Federal Circuit decision …
By Eileen McDermott
4 months ago 1

CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents

On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant …
By Nancy Braman
4 months ago 60