Common Sense Prevails -
B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found certain claims of B/E's aircraft lavatory-related patents obvious.
B/E contended that...more
Claims Directed to Selecting Fishing Hooks for Use Are Not Patentable -
Christopher John Rudy, represented pro se, appealed from a decision of the Patent Trial and Appeal Board ("Board") affirming the rejection of claims...more
2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review -
2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more
Federal Circuit Upholds Invalidity of Video Game Patent Despite Board's Incorrect Claim Construction -
CG Technology Development, LLC (CG Tech) appealed the Patent Trial and Appeal Board's Final Written Decision holding...more
Functional Language in Device Claim Ignored for Patentability Purposes -
The U.S. Patent and Trademark Office Patent Trial and Appeal Board recently issued a decision indicating that certain claims of a patent directed to...more
Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter -
In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its...more
The Federal Circuit recently issued a decision further clarifying the Patent Trial and Appeal Board's (PTAB) ability to invalidate claims on reconsideration even when the claims were not addressed in the final written...more
What is a Printed Publication for Prior Art Purposes? -
Patent owner Acceleration Bay, LLC ("Acceleration") appealed the final written decisions of the Patent Trial and Appeal Board holding unpatentable claims of U.S....more
Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based...more
Luminara Worldwide, LLC appealed from three inter partes review (IPR) decisions, in which the Patent Trial and Appeal Board held unpatentable a total of 31 claims across Luminara's three patents. On appeal, Luminara...more
Catalog Distributed at Conference (Not "Open to the Public") Is Publicly Accessible -
GoPro, Inc. appealed from final written decisions of the Patent Trial and Appeal Board in two inter partes review (IPR) proceedings. In...more
Shapes and Shading of Graphical User Interface Not Enough to Uphold Validity -
In a nonprecedential decision, the Federal Circuit found all challenged claims directed to a graphical user interface of a U.S. Patent obvious...more
Purely Business Method Patent Found Ineligible under Section 101 -
In an appeal from a rejection in initial examination of appellant Mark Eberra's patent application, the Federal Circuit affirmed the Patent Trial and...more
Fair Use and Social Media Sites like BuzzFeed -
Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has...more
Telecommunication Call Processing System Held to Be Eligible for Covered Business Method (CBM) Patent Review -
On August 3, 2017, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a decision...more
On July 27, 2017, the Federal Circuit issued an opinion in Audatex North America, Inc. v. Mitchell International, Inc., upholding the U.S. Patent and Trademark Office Patent Trial and Appeal Board's (PTAB) decision in which...more
In a nonprecedential decision, the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board in inter partes review proceedings which upheld the patentability of claims due to construction of the claim term "is...more
Claims Directed to Providing Financing for Allowing a Customer to Purchase a Car found Invalid under 35 U.S.C. § 101 -
In a precedential opinion, the Federal Circuit affirmed a final written decision of the Patent Trial...more
In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more
3/22/2017
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Covered Business Method Patents ,
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Inter Partes Review (IPR) Proceeding ,
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Patent Litigation ,
Patent Trial and Appeal Board ,
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USPTO
In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more
USPTO's Conclusion of Obviousness Rendered Primary Reference Unsatisfactory for Intended Purpose -
In a nonprecedential opinion, the Federal Circuit vacated a decision by the Board and remanded the case on appeal from...more
"Intuitive" to Combine Insufficient to Support Obviousness Rejection -
The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case...more
Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No....more
Second CBM Petition Denied As "Second Bite at the Apple" -
The U.S. Patent and Trademark Office Patent Trial and Appeal Board issued a decision denying institution of a covered business method (CBM) patent review in a...more
Computerized Restaurant Ordering Menu Patents Found to Be Directed to Unpatentable Subject Matter -
The U.S. Court of Appeals for the Federal Circuit reviewed a Patent Trial and Appeal Board (PTAB) decision in three...more