Patents

News & Analysis as of

Genetic Technologies Ltd. v. Laboratory Corp. of America Holdings (D. Del. 2014)

Another district court (actually, a magistrate judge) has succumbed to the siren song, or drank the Kool-Aid, or (fill in your favorite Apocalyptic metaphor here) of applying the Supreme Court's Mayo v. Prometheus decision in...more

Seeds Worth More than Gold

Plant Breeders are Learning the Value of Protecting Their Inventions - Agricultural espionage: it’s not exactly the stuff of John le Carré novels. But recently a Chinese woman was charged in a plot to steal U.S. corn...more

Alice was a Game-Changer: Federal Circuit Changes Course on Advertising Patent

The third time is the charm in Ultramercial v. Hulu: After twice finding that an advertising method patent was directed to patent eligible subject matter, the Court of Appeals for the Federal Circuit’s third Ultramercial...more

Draft IEEE Standard Not a Printed Publication in IPR

Whether the art presented in an inter partes review petition is a printed publication has arisen more frequently as Petitioners push the envelope to take advantage of the benefits of IPR proceedings. To that end, the PTAB was...more

Federal Circuit Review - November 2014

Japan Airlines Activities For US Government Cannot Infringe - In IRIS CORP. v. JAPAN AIRLINES CORP., Appeal No. 2010-1051, the Federal Circuit affirmed a decision to dismiss due to a conflict of laws. IRIS owns...more

Computer and Software Related Innovation – Is There A Rationale For Filing Software Patent Applications in Canada?

Intellectual property law provides a number of avenues to protect investments that innovators make in developing and marketing software. Securing one or more intellectual property rights is critical in acquiring and...more

Business Method Patents in Australia: Mere Computer Implementation Not Enough

On 10 November 2014, the Australian Full Federal Court (Court) held that a method of creating an index of securities using a standard computer was a 'scheme', and hence, not a patentable invention within section 18(1)(a) of...more

PTAB Guides Patent Owners on Motions to Amend

The Board recently added an order in Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00441, to its list of Representative Decisions on Motion to Amend on the Board’s web site. The decision outlines in...more

Claim terms construed, emphasizing construction is a mixed question of law and fact, and finding a preamble limiting and...

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF - On October 3, 2014, Judge Forrest construed terms of four JobDiva patents and one Monster patent. The JobDiva patents are...more

Indefiniteness: Are You Reasonably Certain?

The indefiniteness standard has, until recently, been very high—only an “insolubly ambiguous claim” was considered indefinite (see, e.g., Honeywell Intern., Inc. v. International Trade, 341 F. 3d 1332, 1338–9 (Fed. Cir....more

Court Report - November 2014 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Sucampo AG et al. v. Dr. Reddy's Laboratories, Inc. et al. 3:14-cv-07114; filed November 12, 2014 in the District Court...more

Rehearing Round-up

Mitsubishi Plastics, Inc. v. Celgard, LLC, IPR2014-00524, Paper 27 (November 21, 2014) the Board denied inter partes review of claims 1-6 and 12 of U.S. Patent No. 6,432,586....more

Three Rounds to Knock Out Ultramercial’s Patent on “Advertising as Currency”

After sparring three separate rounds at the Court of Appeals for the Federal Circuit, in a panel opinion authored by Judge Lourie, the Federal Circuit affirmed the district court’s grant of Defendant WildTangent’s pre-answer...more

ITC Section 337 Update – November 2014

ITC Trial Lawyers Association Annual Meeting: November 13, 2014 – ITCTLA held its Annual Meeting on November 13, in Commission Main Hearing Room. Highlights of the meeting, included Chairman Broadbent’s opening remarks...more

Intellectual Property Basics (Updated)

You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a...more

IP Newsflash - November 2014 #3

DECISIONS ON PATENTABLE SUBJECT MATTER UNDER ALICE CORP. - Federal Circuit Invalidates Patent Using the Supreme Court’s Alice Corp. § 101 Analysis - On November 14, 2014, the Federal Circuit held a patent...more

Canada Joins the Gene Patenting Debate

Canada has joined the gene patenting debate. Children’s Hospital of Eastern Ontario (“Children’s”) sued the University of Utah Research Foundation, Genzyme Genetics, and Yale University (“Defendants”) in Canada’s Federal...more

Motion to Reconsider Claim Construction Order on Indefiniteness after Nautilus Denied Where District Court Found Term Definite

Defendant Stealth Cam, LLC ("Stealth Cam") requested that the district court reconsider its Claim Construction Order holding that the term "extending parallel" was not indefinite. The district court first noted that...more

IP|Trend: Inter Partes Review: What to Consider When Filing Your Petition [Video]

Inter partes review (IPR) process is now over two years old. What did we learn from the process and procedures, and what has and hasn’t worked? Attorneys Seth Northrop and Cyrus Morton discuss the issues that parties should...more

Motions for fees by victorious patent defendant and by plaintiffs counsel both denied.

Rates Technology Inc. v. Broadvox Holding Company, LLC, et al. Case Number: 1:13-cv-00152-SAS - In June 2014, Judge Scheindlin dismissed Rates’s patent infringement against Broadvox, as Rates’s counsel,...more

Why We Need Our Patent System: Masimo, Orange County’s Shining Example

Did you ever wonder how people can call for the end of our patent system? The answer is simple. They have no experience with great inspiring inventors. We at Knobbe Martens have the honor of frequently working with great...more

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz...more

Versata Software, Inc. v. Callidus Software, Inc. (Fed. Cir. 2014)

The Federal Circuit made it clear earlier today that district courts should freely grant stays in view of Covered Business Method ("CBM") patent reviews instituted by the Patent Trial and Appeal Board ("PTAB"). In Versata...more

Patent Owner Must Prove Patentability of Proposed Amended Claims (Including Prior Art Date)

Neste Oil Oyj v. REG Synthetic Fuels, LLC - In an order addressing a motion for a sur-reply to introduce evidence to antedate a prior art reference in an inter partes review (IPR) proceeding, the U.S. Patent and...more

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