Jeffrey S. Whittle

Jeffrey S. Whittle

Bracewell & Giuliani LLP

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Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas

On June 19, 2014, in Alice Corp. v. CLS Bank International, the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue—directed to the abstract idea of "intermediated settlement"—and...more

6/23/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Echoes from the Gunn? Aggravated States and Demand Letters

A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world. Last year, just such a sound...more

4/24/2014 - Consumer Fraud Demand Letter Gunn v Minton Jurisdiction Licenses MPHJ Technology Investments Non-Practicing Entities Patent Litigation Patent Prosecution Unfair or Deceptive Trade Practices

What do "Abacus Guy," Mom, and Computers That Say "Stop!" Have in Common? They May be Unpatentable Abstract Ideas.

Nine Justices of the Supreme Court and three oral advocates held over 100 spectators at bay for just over an hour as they debated—of all things—patents. Yesterday’s case, Alice Corp. vs. CLS Bank, was not a first. Four...more

4/1/2014 - CLS Bank v Alice Corp Patent Applications Patent-Eligible Subject Matter

Copyright Co-Authorship: Be Prepared to Weather the Storms

The recent Third Circuit decision in Brownstein v. Lindsay, --- F.3d ----, 2014 WL 306240 (3rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations for co-ownership claims, as well as to a...more

3/19/2014 - Co-Ownership Copyright Software Developers Statute of Limitations

Only You Can Prevent Forum Shopping

Recently, the Supreme Court unanimously held that the best time for forum shopping is before a dispute. The Supreme Court frowns on parties seeking to shop for a forum once a dispute develops but recognizes parties' right to...more

1/30/2014 - Atlantic Marine Construction Company Forum Selection Clause Forum Shopping Patent Litigation SCOTUS

Re-Calculating Patent Term Adjustments Once Again

The Federal Circuit has adjusted the way we calculate Patent Term Adjustments (PTA) once again with its holdings in Novartis and Exelixis. The Federal Circuit held that the United States Patent and Trademark Office (USPTO)...more

1/27/2014 - Exelixis Novartis Patent Term Adjustment Patent Terms Patents USPTO

Copyright Owners: Keep Your Eye on the Road

Copyright owners need to stay alert! If you have an infringement, ownership interest, or other claim to assert in a copyrighted work and fail to do so within the three year statute of limitations you risk being barred from...more

11/20/2013 - Copyright Copyright Infringement Enforcement

No Claims, No Drawings, No Problems

As part of efforts to unify international procedural rules for patent applicants, the United States Patent and Trademark Office (USPTO) recently released new rules that have important procedural consequences generally deemed...more

10/31/2013 - Filing Deadlines International Harmonization Patent Applications Patents USPTO

High Court Finds Antitrust Scrutiny Applies to Pay-for-Delay Settlements

On June 17, 2013, the U.S. Supreme Court determined that the Federal Trade Commission’s (FTC) antitrust challenge to a reverse payment settlement agreement between drug manufacturers, otherwise known as a “pay-for-delay”...more

6/24/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Patents Pay-For-Delay Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Texas Puts its Lone-Star Spin on Trade Secret Protection

Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more

5/24/2013 - Misappropriation New Legislation Statute of Limitations Trade Secrets Uniform Trade Secrets Acts

Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk

On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would...more

1/4/2013 - First-to-File H.R. 6621 Inter Partes Review Proceedings Lame Duck Session Patent Terms Patents Pre-GATT USPTO

Lame-Duck Patent Reform Goes Almost Entirely Unnoticed

With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent...more

12/8/2012 - America Invents Act H.R. 6621 Patent Reform Patents Pre-GATT

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