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Patents Covered Business Method Patents

Weintraub Tobin

And Again, Abstract Ideas are Not Patentable!

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The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023)...more

McDonnell Boehnen Hulbert & Berghoff LLP

[Webinar] The Weird And Evolving Landscape Of Software And Business Method Patent Eligibility - March 9th, 10:00 am - 11:15 am CST

The interpretation of 35 U.S.C. 101 has been in flux for over a decade. Please join MBHB Partner Michael Borella, Ph.D., as he discusses its latest iteration, how patent eligibility is currently viewed by the USPTO and...more

Irwin IP LLP

Can You Sell a Patented Method? Perhaps… But Not Today

Irwin IP LLP on

F45 Training Pty Ltd. v. Body Fit Training USA Inc., 2022 WL 17177621 (D. Del. Nov. 17, 2022) - On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim...more

Linda Liu & Partners

Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

[Webinar] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications - June 23rd, 10:00...

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

[Webinar] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications - June 22nd, 10:00...

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Goodwin

Issue 34: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Jones Day

Disclaimer Before Institution May Not Thwart PGRs

Jones Day on

In Microsurgical Tech., Inc. v. Regents of the Univ. of Colorado, No. PGR2021-00026, Paper 12 (P.T.A.B. June 16, 2021), the Patent Trial and Appeal Board (“PTAB”) held that disclaimed claims should be considered for...more

Jones Day

NEWS: USPTO Issues First Director Review Decisions

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On July 6th and 7th, the USPTO made good on its promise to not wait for a confirmed director to begin Arthrex Director reviews, issuing its first denials of review requests.  The full press release is below:...more

Jones Day

Court Awards Domino’s Extra Dough

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Hot out of the oven!  In a rare move, a district court recently gave Domino’s a two-for-one deal on attorney’s fees.  In Ameranth, Inc., v. Domino’s Pizza Inc., No. 12CV0733 DMS (WVG), 2021 WL 2550057 (S.D. Cal. June 21,...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (May 10-14): The Arthrex and No-Appeal-Bar Gifts Keep on Giving

The Federal Circuit had a busy week, issuing 18 opinions—8 of them precedential.  One of those cases put a new spin on two PTAB-related issues we’ve covered extensively on this blog: Arthrex (which held PTAB judges were...more

WilmerHale

CAFC Patent Cases - May 2021 #2

WilmerHale on

Precedential Federal Circuit Opinions - CAP EXPORT, LLC v. ZINUS, INC. [OPINION]  (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) - Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of...more

Saiber LLC

District of New Jersey Decision Helps Clarify Standards for Lifting Federal Litigation Stay Based on Concurrent PTAB Proceedings

Saiber LLC on

In a recent decision, Judge Brian R. Martinotti affirmed Magistrate Judge Douglas E. Arpert’s order denying plaintiffs’ motion for leave to amend its complaint.  Plaintiffs were attempting to remove their patent infringement...more

Jones Day

FedEx Delivery Sufficiently Akin to Priority Mail Express for Petition Service

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A PTAB panel found FedEx sufficiently akin to Priority Mail Express to meet the petition service rule, and to the extent necessary further waived the regulatory requirements related to the timing of Petitioner’s (TIZ Inc....more

Holland & Knight LLP

Federal Circuit Invalidates Patent Directed to Customer Loyalty and Rewards System

Holland & Knight LLP on

In cxLoyalty Inc. v. Maritz Holdings Inc., 986 F.3d 1367, 1380 (Fed. Cir. 2021), Patent No. 7,134,087 explained that loyalty programs often issue points to customers as a reward for certain activities and allow the customers...more

Morgan Lewis

2020 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

Morgan Lewis on

As of 2020, post grant proceedings have been in use for eight years. Designed as an alternative to district court litigation post grant proceedings have offered litigants a faster and more cost effective forum for resolving...more

Haug Partners LLP

Federal Circuit Clarifies Scope of PTAB Review - estoppel decisions appealable under § 314(d)

Haug Partners LLP on

Uniloc 2017, LLC v. Facebook, Inc., Case No. 19-1688 (Fed. Cir. March 9, 2021) - The Federal Circuit has further clarified the scope of what types of PTAB decisions are appealable under 35 U.S.C. § 314(d). In Uniloc 2017 v....more

Knobbe Martens

No Patent Eligibility Reward for Customer Loyalty Program Computer System

Knobbe Martens on

CXLOYALTY, INC. v. MARITZ HOLDINGS INC. Before Prost, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim implementing an abstract idea using conventional techniques is patent...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Data and Trends: AIA PTAB Appeals to the Federal...

These charts and graphs appear in the firm's Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions report... Appeals from the USPTO dipped in FY20, reaching their lowest level since FY15. After four...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Four Stories of 2020

After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories.  For 2020, we identified eight stories that were covered on Patent Docs last year that we believe...more

Knobbe Martens

Federal Circuit Review - November 2020

Knobbe Martens on

No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry - In Donner Technology, LLC v. Pro Stage Gear, LLC, Appeal No. 20-1104, the Federal Circuit determination as to whether a reference is...more

Jones Day

Like Dominoes: CBM Determination Held Not Appealable

Jones Day on

A November 17, 2020 decision by the Federal Circuit has extended the Supreme Court’s April 2020 decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020), which held that institution decisions...more

McDermott Will & Emery

Covered Business Method Threshold Review Is Not Appealable

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that in view of the Supreme Court of the United States’ 2019 decision in Thryv v. Click-to-Call, the Patent Trial and Appeal Board’s threshold determination that a patent...more

Knobbe Martens

Eligibility for CBM Review Is Not Appealable

Knobbe Martens on

SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The Board’s determination that a patent qualifies for CBM review is non-appealable under 35...more

Jones Day

Final FY 2020 PTAB Statistics Posted

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Total PTAB petitions remained flat in FY2020, with 1513 petitions total being filed: IPR (1429), PGR (64), and CBM (20), compared to 1464 in FY2019 and 1613 FY2018, down from 1901 in FY2017. September IPR petition filings...more

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