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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…]

WHIPgroup Wins On Appeal Reversing § 101 Rejections

April, 6th, 2018

WHIPgroup continues its success in reversing rejections under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB). Claims for a method of identifying a fault condition in an electrical machine were rejected [Read More…]

Death of the Internet. Really?

December, 19th, 2017

By Andrew P. Siuta On December 14th, the FCC voted to repeal Net Neutrality regulations that have been in place since 2015. The regulations prevented internet service providers from blocking websites or charging for higher [Read More…]

Federal Circuit Allows Computer Memory Patent

September, 19th, 2017

By Andrew P. Siuta In the recent holding in Visual Memory LLC v. NVIDIA Corporation (Fed. Cir. August 15, 2017) the Federal Circuit again addressed the issue of whether a new computer memory system was [Read More…]

District Court Illustrates How Specification Can Help or Hurt Patent Eligibility

September, 11th, 2017

By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]

Drawing The Line: Method for Managing Bandwidth Allocation Is Patent Eligible

August, 1st, 2017

By Natasha Rodriguez With recent court decisions such as Alice Corp. v. CLS Bank International and subsequent cases regarding patentable subject matter, many practitioners are left questioning where the line is drawn for patent ineligible [Read More…]

Weathering Hurricane Alice

July, 18th, 2017

By Joseph V. Hajjar The Court’s decision in Alice Corp. v. CLS Bank International unleashed a shockwave on the threshold for patent-eligible subject matter. In the technology center for computer software alone, the percentage of [Read More…]

Gene Simmons’ Gesture of Love…or Devil Horns. Can’t tell…

June, 23rd, 2017

By Christina L. Winsor Gene Simmons a/k/a “the Demon” and famous rocker of the band KISS filed a US Federal trademark application, Serial No. 87482739, on June 9, 2017 for “his” devil horns hand gesture [Read More…]

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