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Inventions Prior Art Patent-Eligible Subject Matter

Jones Day

Shifting Burden Dooms Patent Owner

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In a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum Optics Technology, Inc. v. Viavi...more

AEON Law

Patent Poetry: Federal Circuit Finds No Motive to Combine in Laser Projector Patent Case

AEON Law on

The Federal Circuit has reversed a finding by the Patent Trial and Appeal Board (PTAB or Board) that certain challenged claims of a patent for a method for aligning a laser projector with respect to a work surface are...more

Erise IP

Eye on IPRs, April 2024: PTAB’s Analogous Art Finding Upheld by Federal Circuit, Blockchain Gemstone Identifying Process Patent...

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Affirms PTAB’s Analogous Art Finding - As IP Watchdog...more

McCarter & English, LLP

The Rise of AI: Inventorship Challenges and Opportunities for Natural Persons

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: 2023 PTAB Case Highlights

Precedential Decisions - Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under AIA § 102) The Director designated as precedential...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Linda Liu & Partners

Determination of the closest prior art in the inventiveness examination of Chinese invention patents

Linda Liu & Partners on

In the practice of patent examination in China, to determine whether an invention has prominent substantive features is to determine, to the person skilled in the art, whether the claimed invention is non-obvious as compared...more

Weintraub Tobin

District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

Weintraub Tobin on

In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter...more

Ruder Ware

You Developed a New Invention – How Do You Determine if it is Patentable?

Ruder Ware on

An invention developed by a business or individual inventor may have great value to that business or individual, either through the commercialization of the invention or by licensing the invention to others in return for a...more

Proskauer - Life Sciences

Federal Circuit Invalidates Device Patent As Directed to an Abstract Idea

Nearly seven years after the landmark Supreme Court decision in Alice Corp. v. CLS Bank Int’l, subject matter eligibility for patent claims under 35 U.S.C § 101 remains a moving target. In Alice, the Court found claims for a...more

BakerHostetler

Promoting the Progress of Science: Avoiding Inherent Obviousness

BakerHostetler on

You’ve thought long and hard about how your company’s clinical stage invention is novel over anything that’s ever been done before. Your analysis is finished, right? Not even close. The novelty barrier to patentability can be...more

Holland & Knight LLP

Let It Ride: Gambling Patent Survives Early Section 101 Challenge, Requires Claim Construction

Holland & Knight LLP on

The plaintiff asserted four sports gambling patents against two defendants. The Patent Trial and Appeal Board (PTAB) instituted inter partes review proceedings on three of the asserted patents and defendants moved to dismiss...more

Sheppard Mullin Richter & Hampton LLP

Framing Your Pitch: A Lesson from the TTI v. IBG Cases

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These...more

Knobbe Martens

Federal Circuit Review - July 2018

Knobbe Martens on

Determining Whether a Claim Element or Combination of Elements Would Have Been Well-Understood, Routine, and Conventional Is a Question of Fact - In Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No....more

Sheppard Mullin Richter & Hampton LLP

Drafting Effective Blockchain Patents

As the number of blockchain-based patents and patent applications increases, more companies have become interested in pursuing these patents. Other companies still think that blockchain-based inventions are not patentable....more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Morgan Lewis

BASCOM—Federal Circuit Holds Internet Content Filtering Patent Passes Alice Test

Morgan Lewis on

In a Section 101 analysis under Alice Corp. Pty. Ltd. v. CLS Bank Intl., “[a]n inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces”—even if individual claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

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