Posts Tagged: Patentability
‘IP Consciousness’ – It Starts with Leadership
Intellectual property rights continue to be the Rodney Dangerfield of assets - they “can't get no respect.” The reasons are complex, but not terribly surprising, given the …
New Enablement-Like Requirements for 101 Eligibility: AAM v. Neapco Takes the Case Law Out of Context, and Too Far – Part I
With its recent opinion in AAM, Inc. v. Neapco Holdings, LLC, No. 18-1763 (Fed. Cir. July 31, 2020), and a 6-6 stalemate by the court’s active judges on …
Techtronic Dismisses Chamberlain Petition to SCOTUS as ‘Nothing Important’
On August 7, Techtronic Industries filed a brief in opposition to The Chamberlain Group’s petition to the U.S. Supreme Court asking for review of “whether the …
Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals
Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions …
Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim
The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
Curtain Call For Computer Related Inventions in India: An Analysis of the Ferid Allani Case
The precedent with respect to the patentability of Computer Related Inventions in India ranges from little to non-existent; but not for lack of trying. In December 2019, the …
Over O’Malley’s Dissent, CAFC Affirms PTAB View that IPR Claim Amendments Are Subject to Eligibility Analysis
On July 22, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office (USPTO) Patent Trial …
Federal Circuit Affirms District Court’s Eligibility Analysis, Reyna Dissents
On July 14, the United States Court of Appeals for the Federal Circuit, with Judge Lourie writing for the majority, affirmed-in-part and vacated-in-part a decision of the United …
CAFC Decision in CardioNet Should Make More Accurate Diagnostics Patentable
A strategy for the COVID-19 pandemic is testing for antibodies to determine possible immunity. Such diagnostic tests may suffer from a high false positive rate. Improving accuracy …
Federal Circuit Vacates PTAB Holding for Failure to Consider Merits of Patentability
On July 8, the United States Court of Appeals for the Federal Circuit (CAFC), in Fitbit, Inc. v. Valencell, Inc., vacated a Final Written Decision of the United …
Amici Implore Supreme Court to Take Up Chamberlain Petition
Two amicus briefs have now been filed in The Chamberlain Group’s bid to the Supreme Court for review of “whether the Federal Circuit improperly expanded § 101’s …
Disclosure-Dedication Rule: An Effective Tool Against Infringement Claims Under the Doctrine of Equivalents
The doctrine of equivalents allows a patentee to raise a claim of infringement even when each and every element of the patented invention is not identically present …
Artificial Intelligence Can’t Patent Inventions: So What?
The USPTO’s recent landmark decision (16/524,350) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive …
An Emerging Section 101 Expansion to Section 112(a) Enablement? The Federal Circuit Should Stop It Now
The most dominant, divisive issue in patent law over the last decade—Section101-eligibility and the Supreme Court’s Mayo-Alice framework—appears to have just become more …
Federal Circuit Upholds Patent for Biologic Drug Enbrel; Judge Reyna Dissents
On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a holding of the U.S. District Court for the District of New …
