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USPTO Issues Post-Alice Abstract Idea Examples

On January 27, the USPTO provided its promised set of examples of patent-eligible and patent-ineligible claims relating to the abstract idea exception to 35 U.S.C. § 101, in light of Alice Corp. v. CLS Bank. These examples...more

Objections To Magistrate’s Report And Recommendation Are Overruled

On December 19, 2014, the magistrate recommended that plaintiffs’ motion to enjoin defendant from maintaining a later-filed action in Massachusetts be granted, and ordered that defendant’s motion to transfer be denied....more

Validity of Sequenom Patent Still to Be Decided

Although Sequenom has settled its dispute over U.S. Patent 6,258,540 with some parties, its case against Ariosa Diagnostics, Inc. remains active. Thus, we all should be waiting with bated breath to see whether the Federal...more

Some Patents May Survive Alice and Myriad

Guidance published by the U.S. Patent and Trademark Office (USPTO) on December 16, 2014 indicates a slight softening in its position regarding patentable subject matter. The patent community has been hard hit in the last few...more

Myriad Throws in the Towel

In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of the Court's holding in its opinion) filed...more

Supreme Court Cuts Out a Slice of the Federal Circuit’s De Novo Pie

Recently, the Supreme Court changed the standard of review the Federal Circuit must use when reviewing district court claim construction decisions in patent cases. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. ___...more

The Supreme Court Clarifies the Standard for Reviewing Fact-finding in Claims Construction

On January 20, 2015, the Supreme Court issued its long-awaited decision on the standard of review of factual findings by the trial court in construing patent claims. The Court ruled that factual findings in the context of...more

Claims Are Construed Relating To Polysorbate Patents

Andrews, J. Claim construction opinion issues. The court considers 17 terms from five patents regarding formulation and device patents relating to polysorbates....more

Claims Regarding User Interface Systems And Methods For Cars Are Held Invalid

The disputed technology relates to user interface systems and methods for a vehicle. The parties agreed during oral argument that construction of the term “page” is the only matter at issue for determining whether a...more

Arguing a Post-Alice §101 “Abstract Idea” Rejection during Patent Prosecution

Since the Federal and Supreme Court rulings in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., we have seen some issued patents invalidated on the grounds of patent-ineligible subject matter directed to an...more

Court Rules On Claim Construction And Indefiniteness

Robinson, J. Claim construction opinion issues. The court considers terms from six patents relating to optical sensor circuit modules....more

Federal Circuit Review | January 2015

RAND Commitment Relevant to Damages - In ERICSSON, INC. v. D-LINK SYSTEMS, INC., Appeal Nos. 2013-1625, -1631, -1632, and -1633, the Federal Circuit affirmed-in-part and reversed-in-part the district court’s judgment...more

Breath of Fresh Air: Software Patent Upheld After Alice

Last Friday in a note to subscribers, I predicted, tongue-in-cheek, an 80% probability that #AliceStorm would continue this morning.  Some days I’m glad to wrong. Today is one of those days. Yes, a patent eligibility decision...more

Supreme Court Orders Federal Circuit To Defer To District Court Factual Findings During Patent Claim Construction: Will Markman...

On January 20, 2015, the U.S. Supreme Court handed down its first patent decision of the current term, rejecting the U.S. Court of Appeals for the Federal Circuit’s long-standing practice of reviewing district court patent...more

Teva Decision Will Be Felt in Future Patent Claim Construction Hearings

On January 20, 2015, the Supreme Court issued its opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Case No. 13-854), which changed the level of deference the Federal Circuit must show to district court claim...more

Teva v. Sandoz (USSC) – Standard for Appellate Review of Claim Construction Rulings

On Jan. 20, 2015, the U.S. Supreme Court issued a decision setting forth a new standard for appellate review of a district court’s claim construction ruling.  Teva Pharmas. USA, Inc. v. Sandoz, Inc., No. 13-854, slip op., 574...more

News Flash! Exxon Patents Selling Energy!

Here's an odd one. With all of the concern about patents on business methoods run amok, and patent trolls patenting the mere application of age old ideas on the Internet, with the intense scrutiny that that USPTO appears to...more

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

There’s a Wrinkle in Your Advertising Claims: L’Oréal Settles with the FTC

L’Oreal’s Deceptive Advertising - The Federal Trade Commission (“FTC”) accused L’Oréal of making deceptive advertising claims regarding the benefits of two of its product lines. L’Oréal claimed that its Génifique...more

Court Report - January 2015 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Par Pharmaceutical Inc. et al. 1:15-cv-00068; filed January 21, 2015 in the District Court of...more

Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard...more

Supreme Court Calls for Greater Deference to District Court Claim Construction

This week, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court held that the Federal Circuit must apply a deferential “clear error” standard of review to any finding of fact underlying a district court’s...more

Supreme Court Hears Trademark Cases on the Preclusive Effect of TTAB Decisions and the Tacking Doctrine

In its October 2014 term, the U.S. Supreme Court heard oral argument in two trademark cases. Both cases have practical significance for trademark litigants because they have the potential to change the way parties approach...more

Alert: U.S. Supreme Court Revises Standard for Appellate Review of Patent Claim Construction Decisions

On January 20, 2015, the Supreme Court issued a 7-2 decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, 574 U.S.__ (2015), holding that the Federal Circuit must apply a "clear error" standard when...more

What's Next? Some Consequences of the Teva v. Sandoz Decision

Supreme Court Building #3It has escaped almost no one's notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in preceding twenty years. Evident but perhaps less discussed...more

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