Posts Tagged: Section 101


The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect

I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
By Russell Slifer
3 days ago 19

How Senate IP Subcommittee Witnesses on Patent Eligibility Responded to Questions from Senator Blumenthal

Through the first half of June, a series of hearings on the state of patent eligibility in America held by the Senate Intellectual Property Subcommittee rendered a …
By Steve Brachmann
5 days ago 10

Urge Congress to Keep the Established and Efficiently Working Sections 100 and 112 of the U.S. Patent Act

Now that the Senate Subcommittee on Intellectual Property has concluded its hearings on patent eligibility reform, it appears that the draft changes to Sections 100 and 112 are the …
By Mark Marrello
15 days ago 13

Federal Circuit Cellspin Ruling Provides Important Clarifications on Aatrix and Berkheimer

On June 25, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Cellspin Soft, Inc. v. Fitbit, Inc. (2018-1817, 2018-1819 to 1826), reversing a …
By John M. Rogitz
16 days ago 3

One Overlooked Consequence if Congress Discards Alice: More Williamson Section 112(f) Challenges

Coverage of the Senate Judiciary Subcommittee on Intellectual Property hearings on proposed amendments to the Patent Act has trumpeted the possibility that Congress will undo the Alice …
By Joseph Edell
18 days ago 18

Supreme Court Refusal to Hear Investpic Signals Death for Most Software Patent Applications

The Investpic v. SAP America case (Supreme Court Dkt. No. 18-1199), which is the 44th patent eligibility case to be considered for certiorari since the notorious Alice …

U.S. Companies and Groups to Congress: the Section 101 Reform Draft is Good and Genes are Safe

Seventy-two companies and organizations, ranging from Tivo to Bristol-Myers Squibb and from the American Conservative Union to the Alliance of U.S. Startups & Inventors for Jobs (USIJ)— …
By Eileen McDermott
21 days ago 3

Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation

Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should …
By John Vandenberg
28 days ago 27

Forging Ahead After Losing an Alice Appeal

It’s tough to fight on after losing an Alice appeal, but that’s just what most applicants are doing. An “Alice appeal” is an appeal of …
By Mark Nowotarski
30 days ago 6

Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform

Last week, all eyes were on the first two days of historic Senate Judiciary IP Subcommittee Hearings, led by Senator Thom Tillis (R-NC), Chair of the Subcommittee, …
By Gene Quinn
1 month ago 18

Mayo Response Brief in Athena v. Mayo at CAFC Argues Athena Claims Impede Treatment Decisions

The presently pending petition for en banc review in Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC has been addressed by Sherry Knowles and Meredith Addy and …
By Paul Cole
1 month ago 17

Industry Speaks: Roster for Last Senate Hearing on 101 Released

In the midst of the first two hearings on reforming patent eligibility law, the Senate IP Subcommittee has published the witness list for next week’s final …
By IPWatchdog
1 month ago 8

Sherry Knowles Responds to ACLU’s Urgent Phone Briefing and Letter Opposing Reform to Section 101

This morning, the American Civil Liberties Union (ACLU), which will be represented in Wednesday’s hearing on Section 101 reform by Senior Legislative Counsel Kate Ruane, announced an …
By Sherry Knowles
1 month ago 24

This Week on Capitol Hill: Patent Eligibility Hearings, Protecting Taxpayer-Funded Research, and Licensing Nuclear Technologies

Tuesday and Wednesday of this week will be exciting days for patents, technology and innovation in America. The Senate IP Subcommittee will hold a pair of hearings …
By IPWatchdog
1 month ago 2

Congress’ Section 101 Fix Would Create a 112(f) Problem

Senators Coons and Tillis and a group of Representatives recently proposed an admirable piece of legislation to amend the Patent Act to abrogate Supreme Court Section 101 cases …
By Robert P. Greenspoon
2 months ago 30