by John Marlott | Aug 2, 2019 | CBMs, Patent Eligible Subject Matter
By John Marlott Is the little-used CBM patent review program the key to passage of § 101 legislation? Congress is currently considering legislation to drastically alter the patent eligibility statute, 35 U.S.C. § 101. The unabashed intent of the proposed legislation...
by Cary Miller | Apr 30, 2019 | Patent Eligible Subject Matter, Pharmaceutical
By Cary Miller, Ph.D., and Jihong Lou, Ph.D. On April 26, 2019, the Federal Circuit affirmed three final written decisions of the Patent and Trial Appeal Board (“Board”) in related inter partes reviews (“IPRs”) in which the Board upheld the patentability of all the...
by David Maiorana | Apr 23, 2019 | CBMs, Patent Eligible Subject Matter
By Daniel Kazhdan and Dave Maiorana On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM review...
by Carl Kukkonen | Jan 15, 2019 | CBMs, Patent Eligible Subject Matter
By Doug Clark and Carl Kukkonen Video game companies occasionally will take to the PTAB, seeking to invalidate each other’s patents. Mobile game developer Supercell Oy (petitioner) filed a Post Grant Review (“PGR) after learning that the USPTO issued U.S. Pat. No....
by Carl Kukkonen | Dec 2, 2016 | CBMs, Federal Circuit Appeal, Patent Eligible Subject Matter
By Carl Kukkonen and Stephanie Brooker On November 29, 2016, in Apple Inc. v. Ameranth, Inc. 15-1703, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) findings of unpatentable independent claims in a Covered Business Method (CBM) review and...
by Matthew Johnson | Nov 3, 2016 | Patent Eligible Subject Matter
On November 2nd, the USPTO issued new guidance to Patent Examiners regarding § 101 subject matter eligibility. The memorandum provides guidance based on Federal Circuit decisions issued since the Office’s most recent, May 2016, update. The four page letter...
