Posts Tagged: Section 101


USPTO Issues Additional Subject Matter Eligibility Guidance

On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
By John M. Rogitz
2 days ago 11

Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally

This week in Other Barks & Bites: US Inventor will host an inventor rally during AIPLA’s Annual Meeting to protest the PTAB; the Federal Circuit vacates dismissal …
By IPWatchdog
4 days ago 1

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
18 days ago 32

Athena Implores Supreme Court to Heed Federal Circuit’s ‘Unprecedented Cry for Help’

As expected, Athena Diagnostics last night filed its petition for certiorari to the U.S. Supreme Court, asking it to fix the United States’ patent eligibility law …
By IPWatchdog
19 days ago 28

Peter v. NantKwest to Kick Off Busy IP Term for Supreme Court

Next week, the Supreme Court will hear the first of six IP cases granted cert last term. On Monday, the Court will hear Peter v. NantKwest, in …
By IPWatchdog
19 days ago 7

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
23 days ago 11

Improving Speed and Quality Using Automation for Patent Application Drafting

Patent application drafters are front-line participants to some of the most amazing innovations in the world today. A recent WIPO paper on Artificial Intelligence (AI) outlines how …
By Shawn Lillemo
26 days ago 3

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
30 days ago 22

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

Examining Confusion Between the Chamberlain and Berkheimer Decisions at the Federal Circuit

If you’re reading this blog, then you likely are an avid follower of the Section 101 saga. The most recent episode in this saga, Chamberlain v. Techtronic …
By Wen Xie
1 month ago 38

Federal Circuit Is Hesitant to Construe Patent Claims in the First Instance on Appeal

The Federal Circuit recently vacated and remanded a decision by the Northern District of California granting a motion on the pleadings that claims related to “toolbars” on …

Alice: Benevolent Despot or Tyrant? Analyzing Five Years of Case Law Since Alice v. CLS Bank: Part I

It’s been five years since the Supreme Court remade the law of patent eligibility in Alice Corp Pty Ltd v. CLS Bank Int’l. As we …
By Robert Sachs
2 months ago 15

Trading Technologies Files New Request for En Banc Rehearing of ‘Ladder Tool’ Patent Decision at Federal Circuit

On August 15, Trading Technologies International, Inc. (TT) petitioned the Federal Circuit again for panel rehearing and rehearing en banc of its recent decision that found TT’s …
By Nancy Braman
2 months ago 1

Other Barks & Bites, Friday, August 23: POP Issues Key Ruling, Gilead Challenges PrEP Patents, Qualcomm and LG Enter Licensing Agreement

This week in Other Barks & Bites: the USPTO’s Precedential Opinion Panel delivers a key ruling for inventors; the Second Circuit rules that a series of six …
By IPWatchdog
2 months ago 0

Chief Points from Responses to Senator Hirono’s Questions to Section 101 Panelists

Yesterday, we ran a series of excerpts from responses to Senator Thom Tillis’ (R-NC) questions for the record to panelists following the June hearings on U.S. …
By IPWatchdog
2 months ago 13