In 2012, inter partes review (IPR) came into effect as a procedure to correct errors in granting patents. As part of the enactment of the latest revision of the patent law, a procedure known as inter partes reexamination,...more
Over a number of years, the Federal Circuit has stated the conditions for an obviousness rejection: the cited references must teach or suggest all the limitations of the claim, there must be a reason to combine the...more
On August 4, 2017, the U.S. District Court in the District of Massachusetts found U.S. patent 7267820 (the ‘820 patent), owned by Athena Diagnostics, Inc., to be directed to non-patentable subject matter, and therefore...more
8/21/2017
/ CLS Bank v Alice Corp ,
Diagnostic Tests ,
Enfish v Microsoft ,
Mayo v. Prometheus ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Section 101
It has been more than a year since the Supreme Court issued its decision in Alice Corp. Pty, Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014). Although a number of software patents have been invalidated for reciting...more
9/8/2015
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
DDR Holdings v Hotels.com ,
Mayo v. Prometheus ,
Patent-Eligible Subject Matter ,
Patents ,
Preemption ,
SCOTUS ,
Section 101 ,
Software ,
USPTO ,
Young Lawyers
On March 24, 2014 the USPTO announced a Glossary Pilot Program following one of the White House’s recommendations aimed at improving clarity and increasing the quality of patents. In view of our last blog post, the Glossary...more
The Japanese government has announced an initiative to reduce patent examination time from 2.5 years to about 14 months. When they achieve 14 months examination time, the Japanese Patent Office (JPO) will provide the shortest...more
Non-practicing entities (NPEs), also know as “patent assertion entities” (PAEs) or “patent trolls,” have received much attention recently with two bills in Congress, statements by the President, a Vermont law to curb trolls,...more
After the Supreme Court granted certiorari, vacated and remanded ULTRAMERCIAL, INC. v. HULU, LLC, the District Court dismissed, without interpreting (construing) the claims, for failure to state a claim for which relief can...more
On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not...more
One topic of interest and importance to most entrepreneurs is funding, and one popular form of funding is through SBIRs (the Small Business Innovation Research Programs). My colleague Jesse Erlich focuses much of his practice...more