On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on Monday, January 7, 2019....more
In BSG Tech LLC v. BuySeasons, Inc., the Federal Circuit held that a patent claim is ineligible under § 101 when its only allegedly unconventional feature is an abstract idea. The Federal Circuit affirmed the judgment of the...more
In a recent report, the U.S. Department of Health & Human Services (HHS) Office of the Inspector General (OIG) recommended that the U.S. Food & Drug Administration (FDA) include cybersecurity review as a greater part of the...more
Federal Circuit Summary -
Before Reyna, Bryson, and Hughes. Appeal from the Northern District of California.
Summary: Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver,...more
8/23/2018
/ Appeals ,
Apple ,
Breach of Duty ,
Duty to Disclose ,
ETSI ,
Finland ,
Implied Waivers ,
Patent Infringement ,
Patents ,
Remand ,
Standard Setting Organizations ,
Technology ,
Vacated ,
Waivers ,
Willful Misconduct
The U.S. Food and Drug Administration (FDA) recently updated its software Precertification Program. A working program was originally rolled out in April 2018, but the program was updated in response to requested public input....more
In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems,...more
Federal Circuit Summaries -
Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida.
Summary: In challenging compliance with the marking requirement of §...more
12/20/2017
/ § 287 ,
Appeals ,
Burden-Shifting ,
IP License ,
License Agreements ,
Motion for JMOL ,
Patent Infringement ,
Patent Marking ,
Patent-in-Suit ,
Patents ,
Remand ,
Vacated
The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,...more
8/18/2017
/ Administrative Proceedings ,
Appeals ,
Appellate Rules ,
Article III ,
Electronic Frontier Foundation ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Standing
A recent survey conducted by ZingBox, a Silicon Valley internet security startup, found that more than 90% of healthcare IT networks have Internet of Things (IoT) devices. The survey further found that more than 70% of IT...more
MedPlast, Inc. recently announced that it has completed its acquisition of Vention Medical‘s device manufacturing services arm. The press release states that the acquisition “broadens MedPlast’s manufacturing capabilities...more
The United States is the world’s largest medical device exporter, according to reports accounting for $45 billion of over $140 billion in global exports in 2014. This is not surprising since it also produced the largest...more
U.S. Senators Cory Gardner (R-CO) and Joe Donnelly (D-IN) recently introduced the Rare Device Innovation Act and the FDA Regulatory Efficiency Act. The bills, if passed, would streamline the U.S. Food and Drug Administration...more