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Alice in Wonderland: Part Three

This article adds to the two-part series published by the Intellectual Property & Technology Law Journal in August and September 2018. This third article continues the analysis of decisions by the U.S. Court of Appeals for...more

Supreme Court Sets Limits for Assignor Estoppel

The Supreme Court’s recent decision in Minerva Surgical Inc. v. Hologic, Inc. has drastically limited the doctrine of assignor estoppel, requiring patent practitioners to reconsider assignment and other contractual provisions...more

U.S. Patent and Trademark Office Extends or Waives Certain Requirements in Response to COVID-19

On March 31, 2020, the United States Patent and Trademark Office (“USPTO”) announced that it was using the authority provided to it under the Coronavirus Aid, Relief, and Economic Security Act ( the “CARES Act”) to extend...more

Out of Wonderland from Diehr to Aatrix: Three Steps to Overcoming 101 Rejections – Part II

This second part of a two-part article discusses four decisions by the U.S. Court of Appeals for the Federal Circuit finding subject matter eligibility under step 2 of Alice Corporation Pty. Ltd. v. CLS Bank International, et...more

Out of Wonderland from Diehr to Aatrix: 3 Steps to Overcoming 101 Rejections

Post-Alice, the United States Patent and Trademark Office (“PTO”) is aggressively rejecting software claims under the Alice two-part test, the parameters of which many examiners are still trying to understand. Not...more

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