Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System
All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as envisioned by Thomas Jefferson and other of our Founding...
View ArticleChinese President Xi Jinping says infringers should be punished and pay a...
“Wrongdoing should be punished more severely so that IP infringers will pay a heavy price,” Xi said. At a time when President Xi is actively moving China’s IP policy to a place where infringers are met...
View ArticlePatent Bar Groups Propose Legislation to Fix Patent Subject Matter...
Over the past few months, several of the major intellectual property organizations have developed proposed legislative fixes to patent subject matter holdings by the courts. The American Bar...
View ArticleGlobal IP Trends Indicator underscores increasing globalization in patent...
Among the key findings of the report include the more than 73 percent of respondents filed patents in four or more countries during last year. That was up from the 62 percent filing in four or more...
View ArticleThe Problem of Reducing Patentability to Novelty
Ironically, judicial decisions on patent eligibility tend to depend on inventiveness, with tests of originality that tend to refer to novelty, reducing the issue of patentability to novelty. For...
View ArticleUS Inventor sets patents on fire as part of PTAB protest at USPTO
Despite going on with the protest after the USPTO denied a use permit application for the event, a source from the event reports that all planned aspects of the protest, including the burning of...
View ArticleTesting a Patent Claim against an Abstract Idea, in Response to 35 USC §101...
One promising approach is to argue that the claims are directed to a specific technological solution to a specific technological problem, as has been successful in the courts. But, even this may not be...
View ArticleFederal Circuit says computer memory system claims patent eligible, not abstract
The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice test was an unnecessary inquiry... “Our...
View ArticleNew Balance wins largest verdict ever for foreign plaintiff in Chinese...
This latest victory for a foreign plaintiff asserting intellectual property claims is proof of yet another step down the road leading to a reformed, intellectual property friendly China, with China...
View ArticleHow the New USPTO Director Can Impact Patent Subject Matter Eligibility and...
As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About a year ago I explained how...
View ArticleCrossing the Chasm: Avoiding and Surviving the PTAB
In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of these...
View ArticlePatent-Ineligible Claims Dismissed Based On Intrinsic Evidence
The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the grant of a motion to...
View ArticlePTAB Invalidation Affected by Random Errors, Legal Uncertainties and Judicial...
The PTAB invalidation procedure violates due process because it drags patent owners into endless assaults by patent infringers and patent thieves. Due process requires compliance with standard notions...
View ArticleFor A Trial Court Peering Through The Looking Glass, Everything Appears Abstract
Many district courts have interpreted Alice as authorizing invalidation of issued patents as “abstract” based solely on the pleadings. They have done so even where the invalidation rests on resolution...
View ArticleCAFC Rules Mass Transit Fare System Claims Patent Ineligible
In Smart Sys. Innovations, LLC v. Chi. Transit Auth., the majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four related patents “are directed to an...
View ArticleSmart Systems decision a sad reminder of deleterious state of U.S. patent...
The Federal Circuit evidences a great deal of myopia to declare that these patents are not directed to a technological advance, even if they can string together citations that seem to support their...
View ArticleSurviving Alice: Sufficient Inventive Concept Must be in Claim, Not...
In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned by Two-Way Media were directed...
View ArticleUSPTO Director Nominee Andrei Iancu has Confirmation Hearing Before the...
On the afternoon of Wednesday, November 29th, the U.S. Senate Committee on the Judiciary held a hearing to consider the nomination of four political appointees from the Trump Administration. Included...
View ArticleChanges in Patent Language to Ensure Eligibility Under Alice
When a rule becomes a target, it ceases to be a good rule. In the three years since the Supreme Court issued its opinion in Alice, there have been positive changes to patent applications, but there...
View ArticleFederal Circuit Curtails Alice: Economic arrangements using generic computer...
On December 8, 2017, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Inventor Holdings, LLC v. Bed Bath & Beyond, Inc. (2016-2442) that provides some useful...
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