Posts Tagged: Patentability
Legislation Introduced in House to Repeal the PTAB and the AIA
There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR
The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine …
Federal Circuit invites SAP America to Respond to InvestPic Petition for Rehearing
InvestPic filed a combined petition for panel rehearing and rehearing en banc on June 19, 2018, making two arguments. First, that the original decision must be vacated and remanded …
Blockchain Patenting Strategies in view of the Berkheimer Decision
The same factual analysis required in Berkheimer under step 2B should apply to fundamental economic practice analysis of claims under step 2A. The questions have similar factual …
SafeBreach Announces Issuance of Breach and Attack Simulation Patents After $15 Million Round of Investor Funding
SafeBreach recently announced the issuance of three U.S. patents in the field of breach and attack simulation. This news follows weeks after SafeBreach closed a $15 million …
Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections
Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
Federal Circuit expands printed matter doctrine to include information and mental steps
In Praxair Distribution v. Mallinckrodt Hospital Products, Praxair petitioned for inter partes review of claims 1-19 of the ’112 patent, which the Board instituted. The Board held that …
Eligibility Rejections are Appearing in Greater Frequency Across all Computer Related Technology Centers
Four years after the Alice decision, we seem to just now be detecting the full impact of the decision. The initial response by the USPTO resulted in …
Iancu: ‘It is unclear what is patentable and what is not, and that can depress innovation’
Earlier today USPTO Director Andrei Iancu testified at an Oversight Hearing before the House Judiciary Committee. In addition to detailing forthcoming changes to post grant proceedings, Director …
Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter
The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. Much of …
Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’
Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
Patent Subject Matter Eligibility 101
The patents discussed below are all landmark inventions and were conceived by inventors inducted into the National Inventors Hall of Fame (NIHF). Would these ground-breaking inventions, that …
Federal Circuit rules Alice did not alter the law governing 101
How the Federal Circuit could rule that Alice did not change the law governing § 101 is a bit of a mystery. Applying the same two-step test seems a …
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 …
