Posts Tagged: Patentability
Supreme Court Denies Trading Technologies, ChargePoint Petitions
The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
Background Pitfalls When Drafting a Patent Application
Generally speaking, the first section of a patent specification will be the Background. The Manual of Patent Examination and Procedure (MPEP) recommends that the Background be broken …
How to Help Data Scientists Overcome Their Patent Doubts
When discussing patentable inventions with data scientists, I often hear them dismiss their inventions under arguments such as these: “We’re using the same tools as everyone …
The Supreme Court is More Interested in Being Right Than Shedding Light on 101
Yesterday was a dark day for patent eligibility in America. The United States Supreme Court denied certiorari in five more petitions relating to patent eligibility challenges. Based …
Views from the Top: IP Leaders Sound Off on Supreme Court’s Refusal to Wade into Patent Eligibility Debate
To the surprise and sorrow of some, but the relief of others, the Supreme Court earlier today denied certiorari in some key cases on patent eligibility law, …
It’s Official: SCOTUS Will Not Unravel Section 101 Web
The Supreme Court this morning released its orders list, in which it denied all pending petitions for certiorari on cases concerning patent eligibility. The Court has now …
CAFC Affirms District Court Finding that Hospira Precedex Patent Claim is Obvious
On January 9, the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Northern District of Illinois, holding …
CAFC Reverses PTAB Non-Obviousness Decision in Finding for Google
On January 6, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) decision that Google failed to …
TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?
In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. Justice Anthony Kennedy wrote …
Federal Circuit Affirms Decision Finding Zohydro ER Patents Obvious
On December 27, U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Jimmie Reyna authored an opinion affirming the U.S. District Court for the District …
The Top Five European IP Developments of 2019—and Five to Watch for 2020
As the year winds down, IPWatchdog is running a series of articles on the top stories of 2019 and what’s ahead for the year to come. In …
Five Years Later, the U.S. Patent System is Still Turning Gold to Lead
Five years after the last of the four decisions in patent eligibility doctrine by the Supreme Court—creating what is now referred to as the Alice-Mayo framework—…
Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent
In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing …
Solicitor General Recommends Against Cert in Vanda, Perhaps Bolstering Athena’s Bid for Review
The United States Office of the Solicitor General has filed its brief in response to the Supreme Court’s March request for views in Hikma Pharmaceuticals v. …
OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims
Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
