Posts Tagged: Patentability
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 …
Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device
On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
CAFC Affirms Section 112 Invalidation/ Non-Infringement in Synchronoss v. Dropbox Dispute
On February 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s conclusion of invalidity under Section 112 and/or non-infringement in …
Pardon Me, But What Is the Point of Deciding Whether or Not a Reference ‘Teaches Away’?
"Teaching away" is a concept important to obviousness analysis under U.S. patent law. "Teaching away" basically bears upon the issue of motivation to combine elements in …
Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday upheld the District of Delaware’s grant of judgment as a matter of law (…
Federal Circuit Affirms District Court Finding that Fax/Scanner Patent Claims Are Indefinite
The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday issued a precedential opinion affirming a Delaware district court finding that Infinity Computer Products, Inc.’…
