If patent owner intends a special meaning, clear disavowal of ordinary...
If the patent owner intends claim terms to have a special meaning, the patent must provide a clear disavowal of ordinary meaning or an alternative lexicography. Otherwise, the patent owner can expect...
View ArticleA Software Patent Discussion with Matt Levy
It is probably fair to say that Matt Levy’s views are contrary to mine with respect to many patent related matters, but particularly so with respect to software patents... One of the things I have...
View ArticleSCOTUS Asked to Resolve Splits in Patent-Eligibility Analysis in Context of...
On April 13, 2017, Broadband iTV, Inc. (“BBiTV”) filed a petition for a writ of certiorari with the Supreme Court of the United States, requesting that the Court to take the case to resolve three...
View ArticleFederal Circuit: Adding one abstract idea to another abstract idea does not...
In RecogniCorp, LLC v. Nintendo Co., the Federal Circuit affirmed the district court’s decision that RecogniCorp’s patent claims are directed to an abstract idea, and do not contain an inventive...
View ArticleAmerica’s Patent System: Mediocre and stabilized in a terrible space
“The results from the Patent Trial and Appeal Board reflect the procedures it applies, and in my judgment the procedures are wildly off base,” Judge Michel explained... “We’ve had PTAB final results…...
View ArticleThrough the Looking Glass: Recent Federal Circuit Decisions Do Not Change the...
The few CAFC cases (since Alice) that have found inventions to be subject matter eligible is certainly a welcome development. These cases indicate that the CAFC does not believe all computer-related...
View ArticleIt is time to define the term ‘Abstract Idea’
The industry is collapsing all because no one in a black robe has the guts to define the critical term that is the core of a test that is whimsically applied in arbitrary and capricious fashion. And...
View ArticleAmerica’s largest tech firms acknowledge plenty of issues with the current...
Typically, the reform debate over the U.S. patent system features smaller players, but America’s largest tech firms also have issues with the patent system, which go way beyond any single company’s...
View ArticleHow patent troll rhetoric has wrecked the U.S. patent system
The pressure to adhere to the patent troll rhetoric was difficult for people to grasp if they don’t live within Silicon Valley, Causevic noted. He noted a conference which he was invited to speak at...
View ArticleFederal Circuit Reverses and Remands District Court’s Refusal to Award...
Rothschild sued ADS for patent infringement of Rothschild’s patent related to a home security system. The district court granted Rothschild’s motion to dismiss and denied ADS’s cross-motion for...
View ArticleLefstin, Mossoff critique SCOTUS’ sense of history and negative impacts on...
“The Supreme Court has told us, and told itself, a particular story -- a story based in history to justify its current regime,” Lefstin said near the top of his presentation, which was titled Invention...
View ArticleLex Machina PTAB report highlights top petitioners, patent owners and law...
Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during PTAB proceedings... Statistics on...
View ArticleFederal Circuit says Cleveland Clinic Diagnostic Patents Ineligible Under § 101
The Cleveland Clinic’s diagnostic or “testing” patents at issue dealt with a process by which an enzyme was measured and correlated against known levels of the enzyme in patients who were healthy or...
View ArticleThe PTAB Killing Fields: VirnetX patents worth more than $1 billion in...
So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system claim are the scourge of the system. Well —...
View ArticleA section-by-section look at the STRONGER Patents Act introduced in the Senate
In late June, the Support Technology and Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017 was introduced into the U.S. Senate by co-sponsors Sen. Chris Coons...
View ArticleGeneric Examples of Claimed Compounds Do Not Satisfy Enablement Requirement
On June 21, 2017, In Storer v. Clark, the Federal Circuit affirmed a Patent Trial and Appeal Board’s interference decision, which awarded priority to Clark’s pending application (filed May 30, 2003)...
View ArticleSupreme Court of Canada rules on Promise Doctrine in favor of Pharma Patent...
The Supreme Court of Canada issued a ruling in AstraZeneca Canada Inc. v. Apotex Inc., which gives patent owners a far greater ability to protect their intellectual property in the face of Canada’s...
View ArticleFederal Circuit vacates PTAB final written decision that upheld some...
The Federal Circuit decision proves that there really is no end to the nightmare that patent owners face in trying to uphold the validity of their property right, which is supposedly protected by the...
View Article$17 million: The real and staggering cost to patent in the US in the PTAB age
At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, not smartphones. How can this be? Because the...
View ArticleHouse IP Subcommittee holds yet another one-sided hearing on bad patents and...
House IP subcommittee chair Rep. Darrell Issa (R-CA) led off the hearing by discussing the large number of interests who are often on Capitol Hill to discuss their issues with “patent trolls,”...
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