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Patent Prosecution Patents Abstract Ideas

McDermott Will & Emery

Targeted Advertising Still Patent Ineligible Subject Matter

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that targeted advertising is still an abstract idea and that a system providing targeted advertising must utilize something more than generic features and routine...more

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

Patent Prosecution Tool Kit: Update on Patent Subject Matter Eligibility & Abstract Ideas

Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, patent stakeholders have faced many difficulties navigating the world of patent-eligibility. Through many Federal Circuit decisions and Guidance given by the U.S....more

Faegre Drinker Biddle & Reath LLP

October 2019 Patent Eligibility Guidance Update

Earlier this year, the United States Patent and Trademark Office (USPTO or “the Office”) published the 2019 Revised Subject Matter Eligibility Guidance (2019 PEG), which set forth newly revised procedures to be used by USPTO...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019

PATENT CASE OF THE WEEK - American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir. Oct. 3, 2019) - In this week’s Case of the Week, the Federal Circuit considered whether patent...more

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

Global Patent Prosecution Newsletter - February 2019

USPTO’s New Guidance on Subject Matter Eligibility - Few areas of patent law are as unsettled as subject matter eligibility. To improve clarity, consistency, and predictability, the USPTO recently published new guidance on...more

Winstead PC

Determining the Patent Eligibility of Inventions Under the New USPTO Guidelines

Winstead PC on

Under the U.S. Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Common exceptions to what can be patented include laws of...more

Jones Day

USPTO Releases New Guidance on Patent Subject Matter Eligibility

Jones Day on

The Situation The legal uncertainty surrounding patent subject matter eligibility under Section 101 of the United States Code ("35 U.S.C. § 101") has been the subject of much attention, as it has become difficult for...more

Knobbe Martens

Federal Circuit Review | November 2016

Knobbe Martens on

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

Knobbe Martens

Navigating 101 Eligibility - Waypoints from the Federal Circuit

Knobbe Martens on

Applicants embarking on the journey of preparing and prosecuting a patent application can have a difficult time navigating the ever changing legal waters. One struggle is answering the question, “Are my claims patent...more

Womble Bond Dickinson

Case Law Arguments for “Abstract Ideas” Rejection of Patent Claims

Womble Bond Dickinson on

Ever since the Supreme Court ruling on Alice Corporation Pty. Ltd. v. CLS Bank International, et al., patent practitioners have seen an historic increase in the number of 35 USC §101 “abstract ideas” rejections of patent...more

Fenwick & West LLP

The One Year Anniversary: The Aftermath of #AliceStorm

Fenwick & West LLP on

It's been one year since the Supreme Court's decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to "tread carefully" before invalidating patents, and emphasizing that...more

Fenwick & West LLP

Divided Infringement Challenges for Personalized Medicine

Fenwick & West LLP on

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit last month held in Akamai Tech. Inc. v. Limelight Networks Inc. that “direct infringement liability of a method claim under 35 U.S.C....more

Womble Bond Dickinson

Factual Findings for Arguing a Post-Alice 35 USC §101 Patent Ineligible Subject Matter Rejection

Womble Bond Dickinson on

During patent prosecution, the US Patent and Trademark Office (USPTO) may reject claims in a patent application as being directed to an abstract idea as a judicial exception to patent eligible subject matter under 35 USC...more

Robins Kaplan LLP

Drafting Software Patents In A Post-Alice World

Robins Kaplan LLP on

It has been a challenging year for software patent owners following the Supreme Court’s decision in Alice Corp. v. CLS Bank International. Since that ruling was handed down, a large number of software patents have been...more

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