Posts Tagged: Patentability
Witnesses Tell House IP Subcommittee, “It’s Up to You” to Fix Arthrex
“It’s up to you to do the right thing and fix this,” said Professor Arti Rai of The Center for Innovation Policy at Duke University School …
CAFC Finds Columbia Patent Claims Invalid, Reverses Infringement Verdict
On November 13, the Court of Appeals for the Federal Circuit (CAFC) heard an appeal from the U.S. District Court for the Southern District of California in …
Federal Circuit Reverses District Court Finding that ‘Check Data’ Patent is Abstract
The U.S. Court of Appeals for the Federal Circuit (CAFC), in an opinion authored by Judge Chen, on Friday November 15 reversed a ruling of the District …
Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation
As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
SCOTUS Petition: Stats Show Losing Patent Owner-Appellants Have a 66% Chance of Being Rule-36ed Versus 18% for Losing Petitioner-Appellants
Chestnut Hill Sound, Inc. has filed a petition asking the U.S. Supreme Court to consider whether the Federal Circuit’s disparate practice with respect to issuing …
IPW Course: Patent Practice Training: Intro to Patent Prosecution
You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. This is why Gene Quinn and John White designed …
Curing the Drug Label as Prior Art Malady at the PTAB
Petitioners challenging patents covering pharmaceuticals and biologics often use drug product labels as prior art in the Patent Trial and Appeal Board (PTAB). To effectively use a …
Patent Rights at Risk, En Banc Review Needed in Chrimar v. ALE
Jury verdicts are supposed to be sacrosanct. The biggest opposition to the ratification of our Constitution in 1788 was due to its lack of protection for jury trials …
Some Overlooked Holiday Treats in the STRONGER Patents Act
It’s that time of the year—Halloween candy is still lingering in bowls, turkey and dressing is tantalizingly close, holiday cheer abounds. While winter skies are …
Other Barks & Bites, Friday, November 8: SCOTUS Hears Allen v. Cooper Copyright Case, U.S. Government Sues Gilead, Amici Submit Briefs to CAFC in Chrimar
This week in Other Barks & Bites: the Trump Administration sues Gilead for infringement over HIVE PrEP treatment patents; Senators Inhofe and Wicker ask President Trump to show …
The Absurdity Continues: Blackbird Cast as Latest Patent Troll
Two days ago, TechCrunch published an article touting an important victory by Cloudflare against an evil patent troll—Blackbird Technologies. In the article there is no mention …
The Search for the ‘Inventive Concept’ and Other Snipe Hunts
Everybody in the patent world is talking about the latest atrocity from the Federal Circuit known as the American Axle decision, but few actually appreciate the true …
‘It Is a Mess’: Recapping the U.S. Patent System’s Race Toward Uncertainty
What I tried to do for this presentation is figure out in about seven or eight minutes how I could convey to you what's really going on …
Federal Circuit Invalidity Determination for Idenix Underscores Continuing Intra-Circuit Split
One day before the now-famous Arthrex decision was issued, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Idenix Pharmaceuticals LLC …
The Final Plea for 101 Sanity? Athena Amici Ask Supreme Court to Clean Up U.S. Patent Eligibility Mess
November 1 was the deadline for filing amicus briefs to the U.S. Supreme Court, which is considering whether to grant a petition for writ of certiorari to …
