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 …
By Eileen McDermott
2 days ago 18

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 …
By Nancy Braman
3 days ago 2

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 …
By Butch Laker
4 days ago 37

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 …
By Kim Jordahl
8 days ago 12

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 …
By IPWatchdog
9 days ago 9

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 …
By Gene Quinn
9 days ago 0

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 …
By Andy Schlafly
12 days ago 18

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 …
By Paul Vickers Storm
13 days ago 11

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 …
By IPWatchdog
14 days ago 0

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 …
By Gene Quinn
15 days ago 35

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 …
By Gene Quinn
15 days ago 9

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 …
By Nancy Braman
16 days ago 2

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 …
By Steve Brachmann
17 days ago 5