Brooks Kushman P.C.

Federal Circuit Firmly Rejects PTAB Criteria For Covered Business Method Review - Brooks Kushman Post-Grant

In a recent panel decision that deviates from the Federal Circuit’s current tendency to defer to the U.S. Patent and Trademark Office’s interpretation of the Leahy-Smith America Invents Act, the court vacated a final written…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Rules that Patents Directed to Collecting and Filtering Network Data Are Eligible, Further Refining Alice/Mayo Test

Amdocs (Israel) Ltd. v. Openet Telecom, Inc., No. 2015-1180 (Fed. Cir. Nov. 1, 2016) - In a recent case, the U.S. Court of Appeals for the Federal Circuit revisited the vexing problem of assessing patent eligibility for…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Update on Defend Trade Secrets Act: Courts Begin Interpreting and Applying New Federal Misappropriation Law

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law on May 12, 2016. The statute amends the Economic Espionage Act of 1996 to provide federal court jurisdiction for civil trade secret misappropriation claims and to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

PTAB Decision To Terminate IPR Proceedings After Institution Is Not Appealable

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., No. 2015-1977 (Fed. Cir. Oct. 20, 2016) - Applying the Supreme Court’s interpretation of the AIA’s provision making inter partes review institution decisions “final…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Supreme Court denies Cert in Cases Challenging Constitutionality of AIA Trials

On October 11, 2016, the US Supreme Court denied petitions for certiorari filed in two cases by parties challenging the constitutionality of post grant proceedings instituted under the Leahy-Smith America Invents Act…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Federal Circuit Rules That Patent For Animating Lip Synchronization Is Not Abstract Idea, Upholds Eligibility Under 35 U.S.C. § 101

In a closely-watch case involving the patent-eligibility of a computer-implemented method for automating the process of synchronizing lip movement and facial expressions of a 3-D animated figure to speech, the U.S. Court of…more
| Intellectual Property, Science, Computers, & Technology

Federal Circuit Overturns PTAB Denial of Motion to Amend Claims in IPR Proceeding

Veritas Technologies LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB’s strict requirements for amending…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Grants En Banc Review of PTAB Amendment Practice

On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit…more
| Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Rules that PTAB Claim Construction in Inter Partes Interference Proceeding Is Not Binding on District Court in Later Litigation

Skyhawke Technologies, LLC v. Deca International Corp., Case No. 2016-1325 (Fed. Cir. July 15, 2016) - One recurring question arising from AIA trials and other post-grant proceedings before the PTAB is whether a claim…more
| Administrative Law, Civil Procedure, Intellectual Property

PTAB Institution Rate Continues To Lag Behind 2014 Rate, Highlighting Need For Expert Reports to Adequately Support Petition

Data released by the USPTO Patent Trial and Appeal Board (PTAB) for the Fiscal Year 2016 reveals that the PTAB is granting petitions to review at a rate similar to FY 2015, and significantly below the higher rate in FY 2014…more
| Administrative Law, Intellectual Property

Method For Preserving Hepatocytes Patent-Eligible, Despite Use Of Newly-Discovered Natural Cell Characteristics

Rapid Litigation Management, Inc. v. CellzDirect, Inc., No. 2015-1570 (Fed. Cir. July 5, 2016) - The Federal Circuit recently held that a patent covering a process for producing a preparation of frozen liver cells…more
| Intellectual Property, Science, Computers, & Technology

Supreme Court 2015-2016 Intellectual Property Case Review

At the end of June, the U.S. Supreme Court’s October 2015 term came to a close. The Court issued written decisions in three intellectual property cases during that term, the same number of cases as during the previous term, but…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade

Supreme Court’s Cuozzo Decision Endorses AIA Trial Proceedings, But Preserves Key Roles for both the PTAB and Federal Courts in Patent Disputes

In Cuozzo Speed Techs., LLC v. Lee,[i] the U.S. Supreme Court rejected the patent owner’s challenge to the U.S. Patent and Trademark Office’s implementation of the Leahy-Smith America Invents Act’s new post grant proceedings…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Federal Circuit Rules That PTAB May Base AIA Trial Decision on Facts Outside Petition for Review

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) invalidating two patents after an inter partes review proceeding, even though the decision…more
| Administrative Law, Civil Procedure, Intellectual Property

Kirtsaeng v. Wiley & Sons, Inc.: Supreme Court Sets Standard for Attorney Fee Awards in Copyright Cases

In a unanimous opinion, the U.S. Supreme Court recently held that in considering whether to award attorneys’ fees to a prevailing party as an element of “costs” under the Copyright Act, a court should give substantial weight to…more
| Civil Procedure, Civil Remedies, Intellectual Property
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