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…]

Supreme Court Petition Highlights Split at Federal Circuit Concerning Role of the Specification in Claim Construction

November, 15th, 2018

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

Can On-Sale Bar Apply to “Secret Sales”?

October, 24th, 2018

By William L. Birks III Palensetron U.S. 8,598,2019 (Col. 3, Lines 53-65)   35 U.S.C. 102 states “A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed [Read More…]

Real Parties at the PTAB – Don’t Leave Anyone Off the Guest List

October, 9th, 2018

By Benjamin N. Luehrs In a recent decision, the Federal Circuit Court of Appeals (“the CAFC”) reinvigorated the definition of “real party in interest” (hereinafter “RPI”) as found in the Patent Act, 35 U.S.C. §§  [Read More…]

Patent Venue’s “Home Sweet Home” Jurisprudence

September, 11th, 2018

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

The Shrinking Menu of Options for Venue: Where to Sue for Patent Infringement

August, 21st, 2018

By Andrew P. Siuta and Andrew E. Kerrick An important strategic decision at the outset of every patent infringement suit is where to file. Rules of the district, its familiarity with patent disputes, the efficiency [Read More…]

Making Provisional Applications Part of Your IP Strategy

August, 2nd, 2018

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

Supreme Court Holds IPR Patent Challenges Constitutional

April, 24th, 2018

By Dov Hirsch   Today, the U.S. Supreme Court has issued two important patent related decisions regarding Inter Partes Reviews (“IPR”) under the America Invent Act. In Oil States Energy Services, LLC V. Greene’s Energy Group, [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…]

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