News & Analysis as of

Patents Authentication

Manatt, Phelps & Phillips, LLP

Improved Method for Overcoming Hacking by Turning On and Off Authentication Held Patent Eligible

In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC, the Federal Circuit held that an improved method for overcoming computer hacking by turning on and off the authentication process was patent eligible. The court held...more

Buckingham, Doolittle & Burroughs, LLC

Cosmokey Dances the Alice Two-Step

Cosmokey v. Duo Security is more about the Federal Circuit than the patented authentication method accused of being a patent-ineligible abstract idea. The court’s analysis is remarkable for at least two reasons. It skipped...more

Jones Day

CAFC: Nearly Identical Reference is Prior Art

Jones Day on

In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that...more

McDermott Will & Emery

The Application of “Authentication by Comparison” at the PTAB

McDermott Will & Emery on

Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and...more

McDermott Will & Emery

When it Comes to Method of Use Claims, Preamble Language Regarding Intended Use is Limiting

McDermott Will & Emery on

Directly addressing the application and operation of the Federal Rules of Evidence in proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed-in-part and...more

Knobbe Martens

Authentication of Prior Art in an IPR Does Not Require Testimony

Knobbe Martens on

VALVE CORPORATION v. IRONBURG INVENTIONS LTD. Before Newman, Lourie, and Dyk.  Appeal from the Patent Trial and Appeal Board. Summary: For purposes of authenticating a prior art reference in IPR proceedings, the Board...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (April 5-9): Failure to Authenticate Third-Party Source Code

Last week was argument week, which sometimes means lots of Rule 36 affirmances and not a lot of precedential opinions. Still, that didn’t stop the Court from issuing an interesting, and relatively rare, precedential decision...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2018: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

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

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - September 2016

USPTO Announces Interim Authentication Method for EFS-Web and Private PAIR - On September 13, the U.S. Patent and Trademark Office announced via a Patent Alert e-mail that a new authentication option for EFS-Web and...more

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