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Artificial Intelligence-based Patents: Perspectives for Practitioners and Patent Owners

Innovations involving artificial intelligence (AI) and machine-learning (ML) are being developed at an ever-accelerating pace. For example, as illustrated in Figure 1, the number of patent applications published by the United...more

Quest USA Corp. v. PopSockets LLC (PTAB 2019)

Functional Language in Device Claim Ignored for Patentability Purposes - The U.S. Patent and Trademark Office Patent Trial and Appeal Board recently issued a decision indicating that certain claims of a patent directed to...more

IBM Corp. v. Iancu (Fed. Cir. 2019)

Federal Circuit Reverses Board in Two IPR Decisions - In International Business Machines Corp. (IBM) v. Iancu, the Federal Circuit found that the Board's interpretation of key claim limitations was incorrect resulting in...more

Ex parte Smith (PTAB 2019)

Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter - In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its...more

Nobel Biocare Services AG v. Instradent USA, Inc. (Fed. Cir. 2018)

Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based...more

Cai v. Diamond Hong, Inc. (Fed. Cir. 2018)

Zheng Cai DBA Tai Chi Green Tea Inc. appealed an opinion of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) cancelling registration of his mark "WU DANG TAI CHI GREEN TEA" due to a likelihood of...more

Proposed USPTO Fee Increases and New Annual Patent Practitioner Fee

On August 8, 2018, Director Iancu issued a letter to the Patent Public Advisory Committee notifying of proposed fee increases at the U.S. Patent and Trademark Office, and institution of new annual fee for active patent...more

Securus Technologies, Inc. vs. Global Tel*Link Corp. (PTAB 2017)

Telecommunication Call Processing System Held to Be Eligible for Covered Business Method (CBM) Patent Review - On August 3, 2017, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a decision...more

Audatex North America, Inc. v. Mitchell International, Inc. (Fed. Cir. 2017)

On July 27, 2017, the Federal Circuit issued an opinion in Audatex North America, Inc. v. Mitchell International, Inc., upholding the U.S. Patent and Trademark Office Patent Trial and Appeal Board's (PTAB) decision in which...more

In re Apple Inc. (Fed. Cir. 2017)

Acting as Lexicographers Saves Patent from Being Found Invalid - In a recent Federal Circuit decision, the Court highlighted an old rule in that the inventors may act as their own lexicographers to create a claim term and...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

Secure Axcess, LLC v. PNC Bank National Association (Fed. Cir. 2017)

Federal Circuit Finds That USPTO Board Interpreted CBM Statute Too Broadly - In an appeal of a Covered Business Method (CBM) patent review, the Federal Circuit overturned a decision by the U.S. Patent and Trademark...more

In re Schweickert (Fed. Cir. 2017)

USPTO's Conclusion of Obviousness Rendered Primary Reference Unsatisfactory for Intended Purpose - In a nonprecedential opinion, the Federal Circuit vacated a decision by the Board and remanded the case on appeal from...more

In re Van Os (Fed. Cir. 2017)

"Intuitive" to Combine Insufficient to Support Obviousness Rejection - The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case...more

NRT Technology Corp. v. Everi Payments, Inc. (PTAB 2016)

Second CBM Petition Denied As "Second Bite at the Apple" - The U.S. Patent and Trademark Office Patent Trial and Appeal Board issued a decision denying institution of a covered business method (CBM) patent review in a...more

LendingTree, LLC v. Zillow, Inc. (Fed. Cir. 2016) - Claims of Another "Loan Application" Patent Invalidated under Section 101

In a nonprecedential opinion issued earlier today, the Federal Circuit invalidated claims under 35 U.S.C. § 101 that had survived the District Court in LendingTree, LLC, v. Zillow, Inc., Nextag, Inc., & Adchemy, Inc. This...more

Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar

The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America-Invents-Act (AIA), which altered the language in the statutes that apply to...more

AT&T Mobility LLC v. Intellectual Ventures II LLC (PTAB 2016)

Directory Assistance Call Completion Is Not A Financial Service for CBM Purposes - On May 4, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a Covered Business Method (CBM)...more

Samsung Electronics America, Inc. v. Smartflash LLC (PTAB 2016)

PTAB Not Bound by Prior District Court Ruling on § 101 - On March 30, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in a case captioned Samsung...more

Square, Inc. v. Protegrity Corp. (PTAB 2016)

U.S. Patent to Database for Protecting Formula for Coca-Cola Found Invalid under CBM Review - On March 2, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business...more

Blue Calypso, LLC v. Groupon, Inc. (Fed. Cir. 2016)

On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents...more

Ex parte Jung (PTAB 2015) - Computer-Readable Medium Claims vs. Printed Matter

Most software or computer-related patent applications today include a number of different types of claims, such as method claims, device claims, and computer-readable medium (CRM) claims. Such CRM claims are usually directed...more

PTAB Issues Questionable 101 Decision

The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office has likely seen an increase in the number of appealed rejections under 35 U.S.C. § 101 due to the Supreme Court's decision in Alice Corp. Pty. Ltd. v....more

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