First PTAB Reversals Under New Subject Matter Eligibility Guidance
— 2019-02-15Since having been sworn in as the new director of the U.S. Patent and Trademark Office (USPTO) in February
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The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation
— 2019-02-13Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably,
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Anatomy of a Valuable Patent: Building on the Structural Uniqueness of an Invention
— 2019-02-11From a conceptual standpoint, it would seem logical to assume that writing text to describe a particular
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Other Barks & Bites for Friday, February 8
— 2019-02-09This week in Other Barks & Bites: the Federal Circuit affirms a Section 101 invalidation of patent
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As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets
— 2019-02-08The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable
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Director Iancu Should Personally Conduct Video Training Explaining Section 101 Guidance
— 2019-01-28During the interview with Technology Center Director Tariq Hafiz we discussed whether it is realistic
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How Can I Sell an Idea for Profit? Unlocking the Idea-Invention Dichotomy
— 2019-01-19Selling an idea and waiting for lottery-like winnings to arrive at your doorstep seems to be the American
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Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal
— 2019-01-18Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in
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Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility
— 2019-01-17The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on
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Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility
— 2019-01-17The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on
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PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance
— 2019-01-13The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in
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A New Court and a New Fix for Alice and Patent Eligibility under Section 101
— 2019-01-11In Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17-1272, Justice Brett Kavanaugh authored
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In CAFC Holding Finding Dice Games Abstract, Judge Mayer Delivers Concerning Concurrence
— 2019-01-11On December 28, 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion in In re Marco
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Software Patent Drafting Lessons from the Key Lighthouse Cases
— 2019-01-10Obtaining a U.S. software patent is still harder than it was five years ago, but studying these “lighthouse”
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Don’t Dismiss State Street: Ancora Decision Reiterates Relevance of Concrete and Tangible Test for Software
— 2019-01-09Judge Rich was attempting to articulate a test that would allow the decision maker to determine whether
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Revised Patent Eligibility Guidance Effectively Defines What is an Abstract Idea
— 2019-01-05In essence, by narrowly identifying certain subject matter groups as being those that properly qualify
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American Innovation at Risk: The New Congress Must Clarify Which Inventions Are Eligible for Patents
— 2018-12-20The U.S. Supreme Court has muddied the waters about patent eligibility in a way that threatens American
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SCOTUS Reversals Have Created a Compliant Federal Circuit
— 2018-12-17The Federal Circuit has been reversed so often by the Supreme Court it seems that at least some of the
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Section 101 Motions to Dismiss Still Alive in District Courts
— 2018-12-15In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section
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Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions
— 2018-12-07Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity
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