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 …
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, …
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 …
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 …
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 …
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., …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
