Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [Read More…]

Apples Are The New Jingle Bells

December, 5th, 2018

By Christina L. Winsor We’re entering into the season of hope and forgiveness.  But is that the reason Apple and Amazon have decided to put their years of feuding aside and come together… just in [Read More…]

Video Gaming: Patent Law’s 12-Figure Secret

November, 27th, 2018

By Andrew P. Siuta   Consumers are estimated to spend over $135 billion dollars on video games in 2018.  Over half of this 12-figure industry is expected to be spent on mobile gaming.  This is [Read More…]

Case Dismissed: How Pleading May Affect 101 Analysis

November, 20th, 2018

By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]

THE BREXIT EXIT: The Details are Starting to Unfold for IP Rights Holders

August, 14th, 2018

By Christina L. Winsor Since the announcement that the UK was leaving the EU, there has been big questions as whether trademark owners holding registrations in the EU would still be protected in the UK [Read More…]

There’s No Software Exception to the Statutory Presumption of Validity

July, 24th, 2018

By Wesley W. Whitmyer, Jr. & Michael J. Harris The presumption of patent validity springs from the legal concept of administrative correctness.  In other words, The US Patent Office is presumed to have done its [Read More…]

Federal Circuit Prescribes a Treatment for § 101 Disorder

July, 3rd, 2018

The Federal Circuit recently provided insight into the complicated issue of § 101 subject matter eligibility for method of treatment claims.  In Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, 887 F.3d. 1117 (Fed. Cir. 2018), a [Read More…]

USPTO Issues Guidance on Conclusions Involving Inventive Concept

April, 23rd, 2018

The U.S. Patent and Trademark Office has issued a guidance memo implementing the recent holding of the Federal Circuit in Berkheimer v. HP, Inc. The USPTO Memorandum clarifies the inquiry into whether a claim limitation represents well-understood, routine, [Read More…]

Sec. 101 Motions: Patent Panacea or Plague?

April, 12th, 2018

By Wesley W. Whitmyer, Jr. Motions to Dismiss on grounds that patents fail to claim patent-eligible subject matter, so called 101 or Alice Motions, have proliferated like dandelions in spring.  It’s the defense du jour for alleged infringers lacking prior [Read More…]

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