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Beineke v. Kappos – Are Discovered Plants Patentable?

In November, Walter Beineke petitioned the Supreme Court for review of a Federal Circuit decision affirming the rejection of two plant patents on tree varieties that he discovered as not patent-eligible. This month, the PTO...more

Federal Circuit May Have More To Say On Patent Term Adjustment (PTA) As USPTO Appeals Exelixis v. Kappos

Executive Summary: Three years removed from the Federal Circuit’s decision in Wyeth v. Kappos, patentees are seeking additional extensions of patent term based on the recent decision issued in Exelixis v. Kappos, which could...more

Patent Watch: C.W. Zumbiel Co. v. Kappos

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

Patent Watch: Pregis Corp. v. Kappos

[A] third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent. On December 6, 2012, in Pregis Corp. v. Kappos, the U.S. Court of Appeals for the Federal Circuit (Prost, Clevenger,...more

Novartis AG v. Kappos (D.D.C. 2012)

In an opinion issued earlier this month, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia determined that Novartis AG and Novartis Vaccines and Diagnostics, Inc. had not satisfied the 180-day...more

Patent Term Adjustment Update - Exelixis v. Kappos

A recent ruling by the Eastern District of Virginia recently found that the United States Patent and Trademark Office (USPTO) had been incorrectly calculating a patent term adjustment statute concerning a Request for...more

District Court holds filing of Request for Continued Examination does not reduce patent term adjustment

On November 1, 2012, the District Court for the Eastern District of Virginia issued a decision in Exelixis v. Kappos (Case No. 1:12cv96), rejecting the U.S. Patent and Trademark Office’s (USPTO’s) interpretation of the...more

Belkin International, Inc. v. Kappos - A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination

On Tuesday of last week, the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does...more

ArQule v. Kappos: Enjoy Your Weekend, or What a Difference a Day (or Two or Three) of PTA Can Make

A few years ago we had provided some cautionary advice relating to the dichotomy between a timely filed response in accordance with 35 U.S.C. § 21(b), and a delayed response pursuant to 37 C.F.R. § 1.704(b). 35 U.S.C. §...more

Kappos Uses Blog to Highlight Benefits of Cooperative Patent Classification

At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge – and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional,...more

Kappos v. Hyatt (2012)

That rarest of rara aves issued from the Supreme Court yesterday, an affirmance of a Federal Circuit opinion in Kappos v. Hyatt. Perhaps it is because, as in Stanford v. Roche one of the parties was the government (here,...more

Kappos v Hyatt

Kappos v Hyatt

There are no limitations on a patent applicant’s ability to introduce new evidence in a §145 proceeding beyond those already presentin the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence is...more

Supreme Court Eases Test for Patentability in Bilski v. Kappos

The U.S. Supreme Court has ruled that a business method invention was not entitled to a U.S. patent because it was merely an abstract idea. On June 28, 2010, the Supreme Court handed down its decision in Bilski v. Kappos,...more

Viewpoints on Life After Bilski v. Kappos

Introduction Last week, the Supreme Court announced its much-anticipated and long-awaited decision in Bilski v. Kappos1, a case centered on the scope of patent-eligibility of process claims under 35 U.S.C. § 101. Not...more

Supreme Court Rules on Business Method Patents in Bilski v. Kappos

On June 28, 2010, the Supreme Court issued its long-awaited decision on business method patents in Bilski v. Kappos, No. 08-964. The Court unanimously agreed that Bilski’s invention, which was a process directed toward “how...more

U.S. Supreme Court In Bilski v. Kappos Paves The Way For Broader Scope Of Patent-Eligible Process Claims

On June 28, 2010, the U.S. Supreme Court issued a decision in Bilski v. Kappos, No. 08- 964, slip op. (U.S. June 28, 2010) rejecting the rigid “machine-or-transformation” test for patent-eligible subject matter proffered by...more

Bilski v. Kappos: Machine-or-Transformation Test Provides Only a Clue to the Eligibility of a Process as Patentable Subject Matter...

On June 28, 2010, the United States Supreme Court ("the Court") announced a decision addressing the definition of patentable subject matter under 35 U.S.C. § 101. In Bilski v. Kappos, 561 U.S. ____ (2010), a unanimous Court...more

Bilski v. Kappos (In re Bilski)

Opinion of the United States Supreme Court

The Bilski decision was handed down on June 28th, 2010. The court affirmed the opinion of the lower court but rejected the "Machine or Transformation" test as a sole test of patentability based on an interpretation of the...more

Bilski v. Kappos

Business Method Patentsâ??CCIA's Amicus Brief

Supreme Court counsel-of-record for national IT trade association as amicus in major IP case challenging scope of “business method” patents....more