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Intellectual Property Bulletin - Summer 2022

In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more

Two Concurrent but Very Different Cert Petitions Seek Supreme Court Review of “Laws of Nature” Exception

For more than a decade, this blog has covered the topic of patentable subject matter. Over the years, we’ve addressed various issues regarding business methods, abstract ideas and other various topics. The “laws of nature”...more

Judge Moore Renews Her Plea to the Supreme Court in American Axle

On October 23, 2020, a Federal Circuit panel issued a unanimous decision in American Axle & Manufacturing v. Neapco Holdings—a case we’ve discussed on this blog several times before—in which the panel denied American Axle’s...more

Intellectual Property Bulletin - Spring 2020

In This Issue - How COVID-19 is Changing IP Law – What You Need to Know The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law,...more

Did you hear about the statistician who drowned in a lake with an average depth of two feet?

I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last week. On the one hand, at the IAM 2017 Patent Law and Policy conference in...more

Massachusetts Court Upholds Software Method Patent

On September 4, a Massachusetts district court issued an interesting ruling that calls into question many of the recent preliminary stage Alice-based invalidations we’ve seen over the past year. The decision, the latest...more

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

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

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

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

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

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

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

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

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

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