Posts Tagged: Patentability


USPTO Seeks Dismissal of Class Action Inventor Suit Filed Over SAWS Program

On September 26, the U.S. Patent and Trademark Office filed a motion to dismiss a class action complaint  filed by two inventors alleging violations of the Privacy …
By Steve Brachmann
17 days ago 23

CAFC Rejects Method for Manufacturing Propshafts Under 101; Judge Moore Calls Majority Analysis ‘Validity Goulash’

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion on October 3 involving a patent infringement suit brought by American Axle & Manufacturing, …
By Nancy Braman
19 days ago 32

Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem

As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
By David Cohen
19 days ago 1

SUCCESS Act Comments Are In: Access, Enforceability, Predictability Concerns Underscored

In May, the USPTO held the first of three hearings prompted by the Study of Underrepresented Classes Chasing Engineering and Science (SUCCESS) Act, which requires the USPTO …
By Eileen McDermott
21 days ago 3

Clarity Needed on the STRONGER Patents Act’s Approach to Validity Determinations

The “Support Technology and Research for Our Nation’s Growth and Economic Resilience Patents Act of 2019” or the “STRONGER Patents Act of 2019,” currently under consideration as Senate …
By Mark Deming
23 days ago 21

Understanding the Difference Between Preemption and Novelty/Nonobviousness

Recently, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued its opinion in Solutran, Inc. v. Elavon, Inc., 2019-1345, 2019-1460 (Fed. Cir., …
By Robert Levy
24 days ago 11

First Jury Verdict on Section 101 Inquiry Post-Berkheimer Finds Asserted Claims Routine and Conventional

On September 12, a jury verdict form  entered in an Eastern District of Texas patent infringement case found in favor of defendant Jack Henry & Associates on its defenses …
By Steve Brachmann
26 days ago 8

A Strange Evolution: The Federal Circuit Has Entered the Theater of the Absurd

Something has happened at the United States Court of Appeals for the Federal Circuit over the past six months. After inching forward in a positive direction on …
By Gene Quinn
27 days ago 32

O’Malley and Chen Disagree in Part with PTAB Determination in CBM Review, Distinguishing Chamberlain

The Federal Circuit issued a precedential decision on Wednesday reversing-in-part, vacating and remanding a decision of the Patent Trial and Appeal Board that had found certain claims …
By IPWatchdog
27 days ago 3

Supreme Court Directs Apple and Cisco to Respond to Petition for Cert Challenging Rule 36

The Supreme Court has requested that Apple and Cisco file responses to Straight Path IP Group, LLC’s (SPIP’s) petition for certiorari in Straight Path IP …
By IPWatchdog
28 days ago 5

Blame for the Weakened U.S. Patent System Cannot Be Pinned on the PTAB Alone

It is time to recognize the elephant in the room. The Patent Trial and Appeal Board (PTAB) is broken. And, if we want to be perfectly fair …
By Gene Quinn
29 days ago 69

Patent Eligibility Under Section 101: Has the United States ‘TRIPPED’ Up?

The present U.S. eligibility jurisprudence, and especially that of the Federal Circuit, not only creates serious issues of U.S. domestic law but also arguably places …
By Paul Cole
29 days ago 18

Iancu Calls for Section 101 Fix in Address to AIPPI Congress

USPTO Director Andrei Iancu said “something has to be done about” Section 101, as it has been thrown into flux following various U.S. Supreme Court cases, in …
By James Nurton
1 month ago 22

Beyond the Slice and Dice: Turning Your Idea into an Invention

The patent process actually starts well before you file a patent application or seek assistance from a patent attorney. Every patent application starts with an invention, and …
By Gene Quinn
1 month ago 3

Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act

Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
By IPWatchdog
1 month ago 27