Michael D. Van Loy, Ph.D.

Michael D. Van Loy, Ph.D.

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The USPTO’s Latest Memo on Subject Matter Eligibility Provides Hope For Modern Innovators

On November 2, 2016 the United States Patent and Trademark Office (USPTO) issued a memo to Examiners on its stance on subject matter eligibility in response to the McRO and BASCOM Federal Circuit decisions, previously...more

11/8/2016 - Abstract Ideas Bascom Global v AT&T Mobility Patent Litigation Patent-Eligible Subject Matter Patents Popular Prior Art USPTO

Another Friendly Reminder from the CAFC – Use of “the Present Invention” is Clear and Unequivocal Evidence of Disavowal

Disavowal can occur when a patent holder disavows the full scope of claim terms in the specification or during prosecution (e.g., through the doctrine of prosecution history estoppel). In either event, disavowal requires...more

10/18/2016 - Abstract Ideas CAFC Corporate Counsel Inventors Patent Applications Patent Litigation Patents Prior Art Young Lawyers

Latest Post-Alice Guidance from the Federal Circuit

On Thursday, May 12, 2016, the Federal Circuit reversed a lower court’s finding of invalidity under 35 U.S.C. § 101, as an unpatentable abstract idea, of a software patent concerning a “self-referential” database in Enfish v....more

5/18/2016 - CLS Bank v Alice Corp Mayo v. Prometheus Microsoft Patent Litigation Patent-Eligible Subject Matter SCOTUS Section 101 Software

UPDATE: Subject Matter Eligibility under 35 U.S.C. § 101 – Abstract Ideas

All patent applications submitted to the United States Patent And Trademark Office (USPTO) are examined subject to the requirements set forth in 35 U.S.C. §§101, 102, 103, 112, which respectively address patent eligibility,...more

5/17/2016 - Abstract Ideas CLS Bank v Alice Corp Interim Guidance Myriad-Mayo Patent Applications Patent-Eligible Subject Matter USPTO

Not Obvious to Combine for a Person of Ordinary Skill in the Art (POSITA)

Summary: Appellant appealed to the Patent Trial and Appeal Board (“Board”) an obviousness rejection to claims directed to a user interface that displays currency trading information. Appellant argued in the appeal that the...more

5/3/2016 - Appeals Obviousness Patent Prosecution Patent Trial and Appeal Board Patents Reversal

USPTO Issues Newly Updated Guidance on Subject Matter Eligibility that Further Clarifies Examination Standards under 35 U.S.C....

Over the past few years, the Supreme Court’s decisions in Alice (Alice Corp. v. CLS Bank Int’l, 134 S.Ct. 2347 (2014)) and Mayo (Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012)), and other cases...more

8/5/2015 - CLS Bank v Alice Corp Guidance Update Inventors Mayo v. Prometheus Patent Applications Patent-Eligible Subject Matter Patents SCOTUS USPTO

Federal Circuit Affirms Dismissal on Grounds of Patent Ineligibility

On June 23, 2015, the Federal Circuit affirmed the finding of the U.S. District Court for the Northern District of California (“District Court”) dismissing the complaints in four related actions for infringement of U.S....more

7/2/2015 - Abstract Ideas Dismissals Patent Infringement Patent-Eligible Subject Matter Patents Section 101

CDCA Court Swims Against the Tide of Software Patent Ineligibility in Caltech v Hughes

Patent applicants from the software and business method fields took notice after the United States Supreme Court issued its opinion in Alice Corporation Pty. Ltd. V. CLS Bank International, et al. (“Alice,” 134 S. Ct. 2347...more

1/2/2015 - Bilski CLS Bank v Alice Corp Covered Business Method Patents Guidance Update Mayo v. Prometheus Patent-Eligible Subject Matter Patents SCOTUS Software USPTO

USPTO Issues Interim Guidance on Patent Eligibility Under §101: Framework for Considering Whether Patents Are Eligible for US...

The United States Patent and Trademark Office (USPTO) has issued revised guidance to its examiners relating to determination of patent eligibility under 35 U.S.C. §101. This “Interim Guidance” provides more specific advice...more

12/18/2014 - AMP v Myriad CLS Bank v Alice Corp Guidance Update Mayo v. Prometheus Patent-Eligible Subject Matter Patents Section 101 USPTO

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

1/9/2013 - Biofuel China Clean Tech Fiscal Cliff Investment Tax Credits Offshore Wind Production Tax Credit REIT Renewable Energy Solar Energy Wind Power

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- December 2012

In the December edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

12/7/2012 - Biofuel Clean Tech Solar Energy Wind Power

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