Posts Tagged: Patentability
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 …
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 …
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 …
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 …
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 …
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 …
Peloton’s Online Exercise Class Patents: Past, Present and Future
Peloton Interactive, Inc. is a popular fitness company that offers high-end stationary bikes, treadmills, and online exercise classes. The demand for online exercise classes increased significantly during …
Tillis and Cotton Urge Hirshfeld to Adopt Pilot Program to Address ‘Inherently Vague and Subjective’ Eligibility Analyses
Senators Thom Tillis (R-NC) and Tom Cotton (R-AR) sent a letter on Monday to the acting Director of the United States Patent and Trademark Office (USPTO), Drew …
Patenting Simulations at the EPO: Decision G1/19 and Its Consequences for Computer-Implemented Inventions
The Enlarged Board of Appeal of the European Patent Office (EPO) recently published its decision No. G1/19 on patentability of simulations. There was great anticipation for such …
CAFC Affirms PTAB Rejection of Stanford Haplotype Phasing Patent Claims Under Alice
On March 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board (PTAB) to hold the …
What to Know About the European Patent Office 2021 Guidelines for Examination: Part II – Biotech
As discussed in Part I of this article, the European Patent Office (EPO) recently published its Guidelines for Examination 2021, which came into force on March 1. In the …
CAFC Weighs in Again on IPR Joinder Estoppel, Affirms PTAB Holding that Uniloc Patent Claims are Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled yesterday in Uniloc v. Facebook, Inc., WhatsApp, Inc. that the “no appeal” provision of 35 U.…
Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions
You cannot get a patent for an invention if it would have been obvious to a person of ordinary skill in the art at the time. This …
Professors Tell SCOTUS to Correct the CAFC’s ‘Profound Misunderstanding’ in American Axle Case
In one of six amicus briefs filed this week in American Axle & Manufacturing v. Neapco Holdings, LLC—the closely-watched Section 101 patent eligibility case involving driveshaft automotive technology—…
How to Safeguard AI Technology: Patents versus Trade Secrets
A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
