Stuart Meyer

Stuart Meyer

Fenwick & West LLP

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Are the Supreme Court’s exceptions to patentability mandated by the Constitution, or are they just “statutory stare decisis”?

There has been significant commentary, both before and after the Supreme Court’s decision in Alice, that the various judicially created exceptions to patentability under 35 USC § 101 are not only sound, but are also...more

9/22/2014

How to Correctly Apply the Alice Examination Guidance

In my previous post, I provided an explanation of Abstract Ideas under Alice, emphasizing that to be an ineligible abstract idea, a claim must recite a fundamental building block of human ingenuity. How then does an examiner...more

9/8/2014 - Abstract Ideas CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents SCOTUS

Analysis of Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corp. v. CLS Bank.

On June 25, 2014, just six days after the Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the USPTO issued its Preliminary Examination Instructions (“Guidance”) in view of the case. ...more

9/4/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patents SCOTUS USPTO

USPTO and "Telegate"

By now, we've all heard of the controversy regarding the lax oversight at the USPTO of examiners in the Office's Telework Program--what I'll unofficially dub as "Telegate." Now, the House Oversight and Government Reform...more

8/25/2014 - Congressional Investigations & Hearings Fraud Telecommuting USPTO

Where are You, Congress? Alice v. CLS Bank and “The Case Against Patents”

A recent episode of NPR’s “Planet Money” was entitled “The Case Against Patents.” Several notable commentators in that episode questioned whether patents help or hinder innovation, whether history supports the benefits of a...more

7/21/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patents Popular SCOTUS

An Exchange with Michael Risch: Do the Facts Matter in Patent Eligibility?

In my recent analysis of the Alice decision, I wrote the following: In Benson, the Court believed (wrongly it turned about, but that’s beside the point) that the claims covered the basic algorithm for converting...more

7/7/2014 - CLS Bank v Alice Corp Mayo v. Prometheus Patent-Eligible Subject Matter Patents Section 101 Software

Ultramercial back to Federal Circuit. Accenture & Bancorp done

On the final day of its 2013 term, the Supreme Court issued some interesting orders in Section 101 cases dealing with computer-implemented business methods. First, in WildTangent, Inc. v. Ultramercial, LLC (13-255),...more

7/3/2014 - Certiorari CLS Bank v Alice Corp Mayo v. Prometheus Patent-Eligible Subject Matter SCOTUS WildTangent v Ultramercial

Intellectual Property Alert: Supreme Court Rules Against Broadly Claimed Software Patents, But Offers No Clear Test for Abstract...

In a unanimous decision, the Supreme Court held that patent claims directed to abstract ideas do not become patent eligible by the “mere recitation” of generic computer elements. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, No....more

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

Alice v. CLS: More Questions Than Answers

Alice Corp. v. CLS Bank is out and the result is not unexpected: 1) Alice's patents for computer-implemented methods and systems for financial risk intermediation are invalid. 2) The patents claim abstract idea,...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more

6/11/2014 - Domain Names Endorsements First Amendment Free Speech gTLD Inter Partes Review Proceedings Internet Inventors Patent Litigation Patents Popular Right of Publicity Trade Secrets UTSA

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

2/25/2014 - America Invents Act Beastie Boys CLS Bank v Alice Corp Copyright Covered Business Method Patents EU European Commission Fair Use First-to-File First-to-Invent GoldieBlox Inter Partes Review Proceedings Irreparable Harm Patents Post-Grant Review PTO SCOTUS STEM Trade Secrets Trademark Litigation

Electronic Transfer of Copyright Approved by Fourth Circuit

The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more

10/4/2013 - Copyright E-SIGN Infringement Photographs The Copyright Act

Intellectual Property Bulletin - Summer 2013: ICANN Set to Launch New Generic Top-Level Domains: Understanding the Nuts and Bolts

The universe of generic top-level domains (gTLDs), currently limited to about a dozen such as .com, .net, and .org, will expand this year, as some of the more than 1,000 potential new gTLDs are rolled out. Businesses may want...more

10/3/2013 - Brand gTLD ICANN Trademark Clearinghouse Trademarks

Intellectual Property Bulletin - Summer 2013: Federal Circuit Holds That Failure to Abide by NDA Confidentiality Designation...

Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more

10/2/2013 - Confidentiality Misappropriation Non-Disclosure Agreement Trademarks Uniform Trade Secrets Acts

Intellectual Property Bulletin - Summer 2013: Nash Bargaining Solution and Patent Damages: A 50 Percent “Rule of Thumb”?

The Federal Circuit rejected the use of the 25 percent “rule of thumb” as a basis for establishing a reasonable royalty in the Uniloc case in 2011. Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011). Since...more

10/1/2013

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

9/26/2013 - Advertising Calculation of Damages CLS Bank CLS Bank v Alice Corp Computer-Related Inventions Copyright Criminal Prosecution Damages gTLD ICANN Infringement Internet Non-Disclosure Agreement Patent-Eligible Subject Matter Patents Payment Processors PIPA Piracy Proposed Legislation Royalties SOPA Trade Secrets Trademark Clearinghouse Trademarks Ultramercial v Hulu

Historic Patent Act Whets Washington's Appetite

On March 16, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to patent law in half a century, and was hotly debated over nearly a decade. The...more

7/11/2013 - America Invents Act CFAA Cost-Shifting Data Theft EEA First-to-File First-to-Invent Industrial Espionage Patent Reform Patent Trolls Trade Secrets USPTO

Intellectual Property Bulletin - Spring 2013: Revisiting Generic Top-Level Domains

As expected, there has been great initial interest in generating the new generic top-level domains, or gTLDs, that are poised to add variety to the conventional .com, .org, and .net domains that have dominated the Internet...more

7/1/2013 - gTLD ICANN Trademark Clearinghouse Trademarks

Intellectual Property Bulletin - Spring 2013: A Victory for the DMCA Storage Safe Harbor; a Pyrrhic Victory for Veoh

The Ninth Circuit ruled recently that the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) shielded a video-sharing website from copyright infringement liability. In UMG Recordings, Inc. v. Veoh Networks,...more

6/28/2013 - Copyright DMCA File Sharing Infringement Safe Harbors Veoh

Intellectual Property Bulletin - Spring 2013: Legalizing “Hack-Back” Trade Secret Protections

Continuing the momentum for nationwide legal reform in response to recent high-profile international trade secret thefts, a panel of leading foreign policy and business experts issued a report last month calling for...more

6/27/2013 - Cybersecurity EEA Hack-Back Theft Trade Secrets

Intellectual Property Bulletin - Spring 2013: Federal Circuit Undecided About Whether Software is Patentable?

Patent holders, inventors, and even the courts have recently struggled with the limits of what can be patented. The patentability of software, widely accepted for decades, has lately been questioned. The scope of...more

6/26/2013 - AMP v Myriad CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent-Eligible Subject Matter Patents SCOTUS Software

Intellectual Property Bulletin - Spring 2013: Surprising Appetite in Washington for New Federal IP Legislation

On March 16, 2013, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to U.S. patent law in half a century, and was hotly debated over nearly a...more

6/25/2013 - America Invents Act DMCA IPEC Patent Reform Patent Trolls Patents Trade Secrets Uniform Trade Secrets Acts

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