From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.
Checking in With Alice Part II: Takeaways and Predictions
The Federal Circuit is limiting patent eligibility for data processing and organizational claims, indicating a harsh landscape for software technologies.
Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony
The Federal Circuit is reevaluating expert testimony on patent damages, a significant case impacting the patent community and damages awards.
The case could limit damages theories in patent cases, enhancing judicial control over jury-awarded damages.
Drafting for Eligibility: Insights from the Federal Circuit's Contour IP v. GoPro
Federal Circuit reversed summary judgment of patent ineligibility in Contour IP v. GoPro, emphasizing the need for technological improvements in patent claims.
Diamond in the Rough: Can a Composition of Matter Claim Be an Abstract Idea?
The ITC's ruling against US Synthetics' patent represents a significant shift in patent law regarding tangible compositions and abstract ideas.
Supreme Court denies Cert
The Supreme Court dismissed all patent cases in its first conference of the October 2024 term, indicating a possible shift in focus away from patent law.
From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.
Checking in With Alice Part II: Takeaways and Predictions
The Federal Circuit is limiting patent eligibility for data processing and organizational claims, indicating a harsh landscape for software technologies.
Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony
The Federal Circuit is reevaluating expert testimony on patent damages, a significant case impacting the patent community and damages awards.
The case could limit damages theories in patent cases, enhancing judicial control over jury-awarded damages.
Drafting for Eligibility: Insights from the Federal Circuit's Contour IP v. GoPro
Federal Circuit reversed summary judgment of patent ineligibility in Contour IP v. GoPro, emphasizing the need for technological improvements in patent claims.
Diamond in the Rough: Can a Composition of Matter Claim Be an Abstract Idea?
The ITC's ruling against US Synthetics' patent represents a significant shift in patent law regarding tangible compositions and abstract ideas.
Supreme Court denies Cert
The Supreme Court dismissed all patent cases in its first conference of the October 2024 term, indicating a possible shift in focus away from patent law.
Safe Harbor at a Crossroads: Examining Regulatory Development Shield of 271(e)(1) in Edwards v. Meril
The Supreme Court's review of Edwards Lifesciences Corp. v. Meril Life Sciences could redefine the Hatch-Waxman Act's safe harbor provision regarding regulatory and commercial activity scope.
Protecting Pharmaceutical Innovation in Brazil Despite the Lack of a Patent Linkage System
Litigation remains a viable strategy for ensuring market exclusivity despite limitations from the Bolar Exemption.
Teva v. Amneal: Orange Book Listing Requirements Under Scrutiny
The Federal Circuit's ruling may reshape patent listing practices under Hatch-Waxman, influencing generic drug market access.
The case challenges the suitability of listing device patents in the Orange Book regarding patent claims.
The ruling could define how device patents relate to broader patent strategies for pharmaceuticals.
Safe Harbor at a Crossroads: Examining Regulatory Development Shield of 271(e)(1) in Edwards v. Meril
The Supreme Court's review of Edwards Lifesciences Corp. v. Meril Life Sciences could redefine the Hatch-Waxman Act's safe harbor provision regarding regulatory and commercial activity scope.
Protecting Pharmaceutical Innovation in Brazil Despite the Lack of a Patent Linkage System
Litigation remains a viable strategy for ensuring market exclusivity despite limitations from the Bolar Exemption.
Teva v. Amneal: Orange Book Listing Requirements Under Scrutiny
The Federal Circuit's ruling may reshape patent listing practices under Hatch-Waxman, influencing generic drug market access.
The case challenges the suitability of listing device patents in the Orange Book regarding patent claims.
The ruling could define how device patents relate to broader patent strategies for pharmaceuticals.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.
Supreme Court Asked to Address Constitutionality of Judge Newman Removal
Miller Mendel's petition challenges the Federal Circuit's dismissal of its software patent as an abstract idea, raising critical patent law questions.
The case underlines concerns regarding judicial independence and the authority of Article III judges.
Supreme Court Patent Cases - November 2024
The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.
Text vs Precedent: Celanese and the Secret Process On-Sale Bar
The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.
Supreme Court's Patent Docket: A Preview of the October 2024 Term
The Supreme Court's Long Conference primarily rejects petitions, with select patent cases expected to receive significant attention this term.
The Enduring Patent Owner/Licensee Standing Distinction
The case examines how multiple entities sharing patent rights affect Article III standing for patent owners, especially after default-related licensing arrangements.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.
Supreme Court Asked to Address Constitutionality of Judge Newman Removal
Miller Mendel's petition challenges the Federal Circuit's dismissal of its software patent as an abstract idea, raising critical patent law questions.
The case underlines concerns regarding judicial independence and the authority of Article III judges.
Supreme Court Patent Cases - November 2024
The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.
Text vs Precedent: Celanese and the Secret Process On-Sale Bar
The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.
Supreme Court's Patent Docket: A Preview of the October 2024 Term
The Supreme Court's Long Conference primarily rejects petitions, with select patent cases expected to receive significant attention this term.
The Enduring Patent Owner/Licensee Standing Distinction
The case examines how multiple entities sharing patent rights affect Article III standing for patent owners, especially after default-related licensing arrangements.
2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation
The conference aims to enhance diversity in innovation through pilot programs and academic discussions.
Only Congressional Patent Reform Can Restore Constitutional Rights
Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
A Better Way to RESTORE Injunctive Relief? The Federal Circuit Had the Answer
The debate over patent rights highlights a divide between corporate innovators favoring RESTORE and small innovators supporting RALIA.
The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility
The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
What Is a Utility Patent? How To Get a Utility Patent (2024) - Shopify
Utility patents protect inventors by ensuring exclusive rights to their inventions for 20 years, promoting innovation and market viability.
3 More Questions For A Patent Podcast Pro (Part I)
Eli Mazour emphasizes the critical role of patents in business success through his podcast and legal practice, enriching the IP community.
2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation
The conference aims to enhance diversity in innovation through pilot programs and academic discussions.
Only Congressional Patent Reform Can Restore Constitutional Rights
Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
A Better Way to RESTORE Injunctive Relief? The Federal Circuit Had the Answer
The debate over patent rights highlights a divide between corporate innovators favoring RESTORE and small innovators supporting RALIA.
The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility
The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
What Is a Utility Patent? How To Get a Utility Patent (2024) - Shopify
Utility patents protect inventors by ensuring exclusive rights to their inventions for 20 years, promoting innovation and market viability.
3 More Questions For A Patent Podcast Pro (Part I)
Eli Mazour emphasizes the critical role of patents in business success through his podcast and legal practice, enriching the IP community.
The Role of Functional Language in AI Patent Claims
Patenting AI technologies requires clear specification of functions and corresponding structures under § 112(f).
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate - IPWatchdog.com | Patents & Intellectual Property Law
Patterson + Sheridan, LLP seeks technical professionals for patent law, prioritizing those with backgrounds in AI/ML, Electrical Engineering, and related fields.
The Role of Functional Language in AI Patent Claims
Patenting AI technologies requires clear specification of functions and corresponding structures under § 112(f).
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate - IPWatchdog.com | Patents & Intellectual Property Law
Patterson + Sheridan, LLP seeks technical professionals for patent law, prioritizing those with backgrounds in AI/ML, Electrical Engineering, and related fields.
The case emphasizes the role of trade secrets in assessing the obviousness of plant patents.
True Respect for Textualism Requires Patent Eligibility Reform
The discussion on patent eligibility highlights the tension between textualism and judicial activism, particularly in how courts interpret patent laws.
Other Barks & Bites for Friday, October 11: DOJ Proposes Breaking Up Google in Ongoing Monopoly Case; Ozempic Maker Settles Patent Infringement Lawsuit; and the CAFC Revives a Patent Infringement Lawsuit Against Salesforce
The U.S. government is addressing key legal and economic issues impacting technology and agriculture sectors, highlighting concerns over monopolistic practices and innovation restraints.
The PTAB upheld a utility patent for a maize variety developed through simple crossbreeding, emphasizing the importance of genotypic considerations in patent claims.
Other Barks & Bites for Friday, October 11: DOJ Proposes Breaking Up Google in Ongoing Monopoly Case; Ozempic Maker Settles Patent Infringement Lawsuit; and the CAFC Revives a Patent Infringement Lawsuit Against Salesforce
The U.S. government is addressing key legal and economic issues impacting technology and agriculture sectors, highlighting concerns over monopolistic practices and innovation restraints.
The PTAB upheld a utility patent for a maize variety developed through simple crossbreeding, emphasizing the importance of genotypic considerations in patent claims.
Patent claim construction can occur at the motion-to-dismiss stage, and plural terms may sometimes be interpreted as singular.
NPEs Have No Obligation to Mark Under the Statute-and that Should Extend to an NPE's Settlement Licensees
NPEs can collect patent infringement damages without product marking obligations, but must ensure licensees mark products to avoid limitations on their recovery.
Recent Patent Law Scholarship
Patent law discourse is evolving through diverse academic insights, prompting critical analysis of eligibility, gene patenting, and AI roles in invention.
Biological Deposits in Patent Applications: Why, When and Where
The Budapest Treaty simplifies the patent application process for biological inventions by requiring one deposit to fulfill multiple jurisdictional obligations.
A Proposal for Improving the PREVAIL Act
The PREVAIL Act aims to improve patent owner protections by reforming AIA review processes to foster fairness and transparency.
Other Barks & Bites for Friday, September 20: Biden Administration Announces $3 Billion Advanced Battery Investment; Fifth Circuit Affirms Fair Use Ruling on Dog Art Kits; and California Passes State Bills on Digital Replica Rights
Federal Circuit's ruling emphasizes adherence to statutory presumption of patent validity.
California joins several states in protecting against unauthorized digital replicas of individuals.
Eligibility, IPRs, and Diversity: The Faces of 2024 Patent Reform
Three major patent bills are currently under negotiation in the Senate Judiciary Committee, facing opposition from several members and constituents.
Precluded, Not Repeated: WARF & Apple Continue to Shape our Understanding of Issue Preclusion in Patent Law
WARF's waiver of the doctrine-of-equivalents in WARF I precludes its application in subsequent litigation on newer technology versions. The decision emphasizes strategic litigation importance.
Celanese v. ITC: How the On-Sale Bar Can Turn Sweet Sales into Spoiled Patents
Celanese's attempt to assert patent rights was undermined by previous undisclosed sales triggering the on-sale bar, reaffirming AIA's impact on patent law.
Managing tipping payments is an administrative problem, not a technological problem
The Federal Circuit ruled that VidAngel's patent application for eliciting media content tips is ineligible, underscoring strict patent eligibility standards.