Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged abstract idea · clear
IN RE: CHRISTOPHER JOHN RUDY Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility Guidance cannot be used to modify…
In my first post on the Subcommittee Hearings held last week , I noted the absence of many witnesses from the life science industry, as opposed to groups such as IPO, AIPLA, BIO, ACLU and PhMA. The third and final panel , held yesterday, remedied this…
In earlier posts, I discussed at least one group of claims directed to the difficulties in claiming manipulations of “big data.” In ex parte Hazokaki, Appeal 2018-003293 (PTAB, Feb. 5, 2019), the Examiner and the Board were confronted with…
Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap more and more medical device…
Federal Circuit Summary Before Judges Reyna, Bryson, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : A claim that recites a specific method for navigating through three-dimensional electronic spreadsheets is…
In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing…
On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of…
On April 19, 2018, the USPTO released a Memorandum from Robert Bahr , The Deputy Commissioner for Patent Examination Policy, to the Examiners, that summarized the support required for a finding whether or not a claim directed to a judicial exception to s.…
After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim is…
For difficult grounds of rejection, the right advocacy can make all the difference. The right counsel can know when to appeal and how to win on appeal. Here, we explore the demographic of firms that represent appellants that overturn one of the most…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Chudik the Circuit rules that no substantial evidence supports the Board’s determination of ‎anticipation since the ruling is based on a significant and impermissible modification of the…
In Thales Visionix, Inc., v. U.S., [2015-5150] (March 8, 2017), the Federal Circuit reversed the U.S. Court of Federal Claims (“Claims Court”) determination that the claims of U.S. Patent No. 6,474,159 were directed to patent ineligible subject…
