News & Analysis as of

Patent-Eligible Subject Matter › Post-Grant Review

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): In re Cellect, LLC, 81 F.4th 1216 (Fed. Cir. 2023)...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Cellect owned four patents with claims that were found unpatentable by the PTAB in ex parte reexaminations for obviousness-type double patenting. The patents were granted Patent Term Adjustment (“PTA”) for the Office’s delay...more

Farella Braun + Martel LLP

What Patent Bills Would Mean for Infringement Litigation

Farella Braun + Martel LLP on

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Troutman Pepper

Disputing Patent-Eligible Subject Matter in PGRs and IPRs - Patents: Post-Grant Podcast

Troutman Pepper on

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Holland & Knight LLP

Something New: PTAB Tackles Section 101 Patent Eligibility

Holland & Knight LLP on

It's not often that we write about pharmaceutical patents on this blog, and even less often that we blog here about PTAB decisions. The former is a function of the Federal Circuit's decision in Vanda Pharmaceuticals Inc. v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

McDonnell Boehnen Hulbert & Berghoff LLP on

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

Jones Day

PGRs Still Rare – Is Estoppel The Reason?

Jones Day on

A Post-Grant Review can be used to challenge newly-issued patents on wide-ranging grounds, but PGRs remain relatively unpopular: statutory estoppel may be a reason why....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Nike, Inc. v. Adidas AG, 955 F.3d 45 (Fed. Cir....

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The patent claim survival rate before the Patent Trial and Appeal Board continues to strongly favor petitioners. Accordingly, motions to amend the challenged claims have been growing among patent owners in inter partes...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gree, Inc. v. Supercell Oy (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on

One would think that inventions relating to computer game software would easily meet the requirements for patent eligibility, as these inventions fundamentally involve technological processes and require computer...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu (transcript)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (November 16-20): A Beautiful Sunset for CBMs

Morrison & Foerster LLP - Federal Circuitry on

It’s a few days before Thanksgiving and the sunsets are shorter and earlier, so we thought we’d discuss a CBM before the sun completely sets on that procedure. Below we provide our usual weekly statistics and our case of the...more

Jones Day

PGR Estoppel Applies to Unasserted Art

Jones Day on

Due to the relatively low number of post-grant reviews (“PGR”) filed to date, not many district courts have spoken on the scope of PGR estoppel. In GREE, Inc. v. Supercell Oy, No. 2:19-cv-00071 (E.D. Texas), Magistrate Judge...more

Goodwin

Issue Twenty-Nine: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Takes Pass on Considering IPR Constitutionality

McDonnell Boehnen Hulbert & Berghoff LLP on

There is little rhyme nor reason in the cases the Supreme Court decides to review. But the Court has patterns in its case selection that do (to some degree) probe what the Justices think are important questions. One pattern...more

Seyfarth Shaw LLP

USPTO Addresses Filing Delays Caused by the Impact of COVID-19

Seyfarth Shaw LLP on

While much of the focus of the Coronavirus Aid, Relief, and Economic Security (CARES) Act relates to economic stimulus, the Act also granted temporary authorization to the Director of the United States Patent and Trademark...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Honeywell International Inc. v. Arkema Inc., 939 F.3d 1345...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Honeywell owns U.S. Patent 9,157,017, which claims automotive air-conditioning systems. The application to the ’017 patent had originally described and recited claims for flouroalkane compounds for use in refrigeration...more

Foley & Lardner LLP

PTAB - 2019 Year in Review

Foley & Lardner LLP on

To wrap up 2019 and usher in 2020 for practitioners who handle Patent Trial and Appeal Board (PTAB) matters, Foley partners Jeanne Gills, Steve Maebius, and George Quillin discussed 2019’s major developments in a webinar on...more

Troutman Pepper

Supreme Court Denies Review In Three Section 101 Cases

Troutman Pepper on

On January 13, 2020, the U.S. Supreme Court denied certiorari in the following cases...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Five Stories of 2019

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories.  For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2019: #6 to #10

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories.  For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

Knobbe Martens

Federal Circuit Review - October 2019

Knobbe Martens on

The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

Jones Day

Motion To Strike Invalidity Defense Denied… For Now

Jones Day on

On February 28, 2019, GREE, Inc. (“GREE”) filed a Complaint against Supercell Oy (“Supercell”) for patent infringement of U.S. Patent No. 9,597,594 (the “’594 Patent”), directed to a method for controlling a computer to...more

Akin Gump Strauss Hauer & Feld LLP

Invalidity Defenses Will Not Be Stricken at Pleading Stage Despite Defendant’s Earlier PGR Petition

Akin Gump Strauss Hauer & Feld LLP on

A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more

Jones Day

Privacy Management Patent Invalidated as Abstract in Post Grant Review

Jones Day on

On October 10, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a Final Written Decision in favor of Avepoint, Inc. (“Avepoint”) and against Onetrust, LLC (“Onetrust”) in an America Invents Act post grant review...more

56 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide