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In a key decision that both patent owners and accused infringers need to be aware of, the U.S. Court of Appeals for the Federal Circuit has significantly narrowed the availability of "covered business method" (CBM) patent...more
Like a lizard shedding its tail to avoid capture, patent owners continue to escape Covered Business Method (CBM) proceedings by disclaiming claims clearly directed to financial products or services. Despite growing tension...more
In almost every U.S. patent suit, the patentee’s counsel considers how the case could have been facilitated had the patent at issue been drafted and prosecuted differently. These considerations demonstrate that patents...more
On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method...more
It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l, effectively limiting the scope of patent-eligible subject matter. In particular, software and business...more
Since the creation of the Patent Trial and Appeal Board as part of the America Invents Act on Sept. 16, 2012, the PTAB trial proceedings have become an increasingly popular venue for parties seeking to challenge patents....more
Earlier this month, the Patent Trial and Appeal Board (PTAB) added two decisions to its list of “precedential” opinions for the USPTO’s new proceedings for challenging patents under the America Invents Act. The list (which...more