Posts Tagged: Patentability
USPTO memo explains changed Alice Step 2B to examiners
Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations
In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …
Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility
A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence. In particular, the dissent quotes Secured …
Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors
While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …
Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents
A group of six patent law professors filed an amicus brief with the Court of Appeals for the Federal Circuit in Cleveland Clinic v. True Health Diagnostics. …
Breaking Through on Patent Eligibility, From Drafting to Litigation
Over the last five weeks there has been a seismic shift in the way the Federal Circuit views the resolution of patent eligibility issues during patent infringement …
China Outpaces U.S. in AI Startup Funding, Aims for AI Dominance
In 2017, 48 percent of the world’s entire equity funding for AI startups was located in China. The U.S. was in second-place, lagging behind at 38 percent of …
PTAB is Bogged Down by Eligibility Appeals
The low allowance rates and nearly blanket eligibility-rejection issuance in the business-method art units is not without consequence. Beyond disincentivizing innovation, the examination of business-method applications is …
Does an Uncertain Patentability Climate Explain the Stormy Environment for IPOs?
If Snap cannot protect its ability to differentiate its platform, how is it going to compete with a rival that has more resources and a larger base …
How Patent Owners Can Disqualify Prior Art References Relied Upon by Petitioner for Unpatentability
To request cancellation of one or more claims of a patent in an inter partes review (IPR), a petitioner must challenge the claim on the basis that …
Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101
In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …
Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss
"The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint …
Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment
Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
Federal Circuit says Claims for Summarizing Information are Not Abstract
The Federal Circuit affirmed the district court’s denial of LG‘s motion for summary judgment that various claims of Core’s patents were directed to patent …
Unlocking the Value in Software Patents
Alice has had an impact on software patents, but they still hold significant value. If your portfolio includes software patents, there will be times when you want …
