JD Supra Law

FEBRUARY 1, 2024

Seeking to undo the current jurisprudence “mess” on the issue of patent eligibility, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard testimony on January 23, 2024, on the Patent Eligibility Restoration Act (PERA) (text here).

Intellectual Property 70

Intellectual Property Patent 70

IP Watchdog

JULY 6, 2022

Last week, the Supreme Court refused certiorari in yet another patent eligibility appeal. I’ve lost count as to how many times the Court has refused to provide clarity to the fundamental question of patent eligibility since it last muddied the waters in Alice back in 2014.

Patent 128

Patent Law Litigation Technology 128

IP Watchdog

FEBRUARY 29, 2024

Supreme Court’s 2014 Alice Corp. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased 76 years ago by then-Supreme Court Justice Douglas in Funk Bros. CLS Bank decision.

Patent 59

Patent Patent Prosecution Business Technology 59

IP Watchdog

JULY 12, 2022

patent eligibility law. 208 (2014).”. Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. 101, as interpreted in Alice Corporation Pty v. 101, as interpreted in Alice Corporation Pty v. CLS Bank International, 573 U.S.

Inventor 116

Inventor Patent Technology Law 116

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. 208, 216, 219 (2014). 208, 216, 219 (2014).

Patent 98

Patent Invention Business Patent Application 98

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. 2014), directly contradicts the Supreme Court’s decision in U.S. Medac Pharma Inc. ,

Invention 80

Invention Patent Law Technology 80

Likelihood of Confusion

JUNE 19, 2023

Originally posted 2014-04-09 07:50:23. Republished by Blog Post Promoter The post Patent jobs appeared first on LIKELIHOOD OF CONFUSION™. Dennis Crouch has them now, if you like that sort of thing. Law blogs and legal recruiting — perfect together!

Patent 52

Patent Blogging Law 52

Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

Patent 130

Patent Invention Art Patent Application 130

The IP Law Blog

OCTOBER 12, 2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime owned several patents covering systems and methods for digital data compression. These categories are referred to as “patent-eligible subject matter.”

Patent 120

Patent Invention Law Patent Law 120

Patently-O

DECEMBER 13, 2023

by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections.

Patent 51

Patent Patent Application Art Ownership 51

JD Supra Law

DECEMBER 20, 2021

Duo Security LLC, on October 4, 2021, the Federal Circuit jumped straight to Step Two of the Supreme Court’s two-step method for determining patent eligibility and upheld a user authentication patent. The Supreme Court’s often criticized 2014 decision in Alice Corp. and, second, if so, do the patent. By: Sunstein LLP

Patent 102

Patent 102

JD Supra Law

OCTOBER 7, 2022

Tillis introduced the Patent Eligibility Restoration Act (S.4734) 4734) in an effort to clarify which inventions are actually patentable and to codify those that are not. 208 (2014), courts, attorneys and inventors have struggled with the metes and bounds of what subject matter can and what cannot be patented.

Inventor 98

Inventor Patent Invention 98

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. 208, 216, 219 (2014). 208, 216, 219 (2014).

Patent 98

Patent Invention Patent Application Intellectual Property 98

IP Watchdog

MARCH 21, 2022

Supreme Court’s 2014 Alice Corp. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros. CLS Bank decision.

Journalism 124

Journalism Patent Technology Intellectual Property 124

Patently-O

MAY 8, 2024

The petition presents three key questions for the Court’s consideration: Whether claims drawn to solving specific problems restricting the usefulness of an existing computer-network technology recite patent-eligible subject matter under 35 U.S.C. § 208 (2014). Whether the challenged claims are patent eligible.

Patent 44

Patent Invention Technology Patent Law 44

IP Watchdog

AUGUST 26, 2021

Supreme Court’s 2014 Alice Corp. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros. CLS Bank decision.

Journalism 144

Journalism Patent Patent Prosecution Inventor 144

IP Watchdog

MAY 23, 2022

Supreme Court’s current term, several petitions for writ of certiorari in patent cases being appealed from the U.S. Several of these petitions raise important questions on Section 101 patent eligibility jurisprudence in the wake of Alice Corp.

Patent 88

Patent Patent Law Invention IP 88

IP Watchdog

NOVEMBER 9, 2021

Blockchain technology was separated from currency in 2014, and that advance opened the door for using blockchain for applications beyond currency. The engine that runs the bitcoin ledger that Nakamoto designed is called the blockchain; the original and largest blockchain is the one that still orchestrates bitcoin transactions today.

Technology 135

Technology Contracts Patent Publishing 135

Patently-O

APRIL 10, 2024

and his patent holding company (Spectrum Spine). Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. patent application for the spinal implant in March 2013. application in March 2014 that issued in 2018. Robinson, M.D. US11051951.

Contracts 75

Contracts Law Inventor Patent Application 75

JD Supra Law

MAY 24, 2023

Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims. Amgen sued Sanofi in 2014, alleging that Sanofi had infringed its cholesterol-lowering drug patents, which disclosed 26 exemplary antibodies by amino acid sequences.

Invention 52

Invention Patent Art 52

LexBlog IP

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. The patent examiner rejected the claims on the grounds that the claims were directed to patent-ineligible subject matter under 35 U.S.C.

Patent 52

Patent Patent Application Invention Advertising 52

IP Watchdog

JANUARY 8, 2024

Supreme Court today denied a petition asking the High Court to clarify patent eligibility jurisprudence under Section 101 since its 2014 ruling in Alice Corp. Court of Appeals for the Federal Circuit’s (CAFC’s) August 2023 decision holding 211 of its patent claims ineligible as abstract. CLS Bank Int’l.

Patent 64

Patent Litigation Intellectual Property IP 64

The IP Law Blog

JULY 1, 2021

Patents protect inventions. However, patents protect only certain inventions. In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter. There are some things that are not patentable (i.e.

Patent 95

Patent Invention Copying Editing 95

Intellectual Property Law Blog

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. 2347 (2014).

Patent 275

Patent Patent Application Technology Invention 275

JD Supra Law

AUGUST 19, 2022

101 has been a hot-button issue in United States patent law since 2014, when the U.S. In that case, the Supreme Court decided that patent claims could not be “directed to” abstract ideas, laws of nature, and natural phenomena without “significantly more.”. Subject-matter eligibility under 35 U.S.C. § CLS Bank Int’l.

Patent 52

Patent Patent Law Law 52

IAM Magazine

JUNE 20, 2022

Docket Navigator data reveals defendants filing a skyrocketing number of Section 101 challenges since the 2014 decision and succeeding, much of the time, very early in cases.

Litigation 98

Litigation Patent 98

Intellectual Property Law Blog

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

Invention 246

Invention Art Patent Inventor 246

JD Supra Law

MARCH 28, 2023

CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. however, the Federal Circuit made a ruling that should give parties pause before moving, particularly in cases where the operative pleading only contains a subset of patent claims.

Patent 98

Patent 98

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

Patent 101

Patent Invention Art Inventor 101

Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. 2347 (2014).

Patent 246

Patent Patent Application Invention Art 246

JD Supra Law

SEPTEMBER 9, 2022

The US Patent & Trademark Office (PTO) seeks public feedback on its existing patent subject matter eligibility (SME) guidance. However, the PTO believes that greater consistency can be achieved in patent examination in view of the statutory language of § 101 and the Supreme Court’s 2014 decision in Alice Corp.

Patent 52

Patent Blogging Trademark 52

LexBlog IP

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. 208, 216, 219 (2014). 208, 216, 219 (2014).

Patent 52

Patent Invention Business Technology 52

The IPKat

AUGUST 8, 2022

A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). doubled on average every five years between the early 1990s to 2014 [see here page 61, figure 10.1]. As of 2020, around 95,000 patents have been declared essential for the 5G standard.

Government 93

Government Publishing Patent Reporting 93

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

JD Supra Law

JANUARY 24, 2022

In 2014, the US Supreme Court announced its decision in Alice Corp. The decision ruled that patent claims for computer-implemented inventions may be abstract ideas, making it questionable if they are “patent eligible subject matter.” CLS Bank International. By: Miller Nash LLP

Patent 52

Patent Invention Art 52

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

IP Watchdog

SEPTEMBER 27, 2022

Court of Appeals for the Federal Circuit (CAFC) to bar a patent infringement suit in district court where the CAFC has affirmed a Patent Trial and Appeal Board (PTAB) finding of unpatentability. 191 (2014); and Grogan v. Jump Rope Systems is arguing that the CAFC’s decision in XY, LLC v. Trans Ova Genetics, L.C. Hargis Indus.,

Inventor 111

Inventor Patent Infringement Patent Litigation 111