Posts Tagged: patentable subject matter
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 …
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 …
USIJ to Supremes: Set Boundaries on 101 Jurisprudence to Save U.S. Innovation
The Alliance of U.S. Startups & Inventors for Jobs has filed an amicus brief supporting American Axle & Manufacturing, Inc.’s petition for certiorari with the U.S. …
Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance
Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies
Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)
In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight
American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …
Illinois District Court Finds Appliance Controller Patents Ineligible under Alice/Mayo
On November 6, the Northern District of Illinois, Eastern Division, granted a motion to dismiss an infringement suit on the grounds that the patents in suit were directed …
Rently Makes Section 101 Bid to High Court
Consumer 2.0, Inc. d/b/a Rently has filed a petition with the U.S. Supreme Court asking it to review a U.S. Court of Appeals for …
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 …
Rethinking the Way We Patent Diagnostics
The 2012 Supreme Court decision in Mayo Collaborative Servs. v. Prometheus Labs changed the landscape for patenting diagnostic inventions in the United States. Patent eligibility/ineligibility in 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 …
Illumina v. Ariosa: En Banc Rehearing Denied, Illumina Patents Again Upheld on Rehearing
On August 3, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing en banc and issued a modified opinion, following a …
CAFC Evenly Splits on En Banc Rehearing of American Axle’s Driveshaft Patent Case
On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued Orders granting a request for panel rehearing and denying a request for rehearing …
