Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications
Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software
On September 6, 2024, House Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA) to Congress. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced an...more
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023)...more
The interpretation of 35 U.S.C. 101 has been in flux for over a decade. Please join MBHB Partner Michael Borella, Ph.D., as he discusses its latest iteration, how patent eligibility is currently viewed by the USPTO and...more
F45 Training Pty Ltd. v. Body Fit Training USA Inc., 2022 WL 17177621 (D. Del. Nov. 17, 2022) - On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim...more
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more
In Microsurgical Tech., Inc. v. Regents of the Univ. of Colorado, No. PGR2021-00026, Paper 12 (P.T.A.B. June 16, 2021), the Patent Trial and Appeal Board (“PTAB”) held that disclaimed claims should be considered for...more
On July 6th and 7th, the USPTO made good on its promise to not wait for a confirmed director to begin Arthrex Director reviews, issuing its first denials of review requests. The full press release is below:...more
Hot out of the oven! In a rare move, a district court recently gave Domino’s a two-for-one deal on attorney’s fees. In Ameranth, Inc., v. Domino’s Pizza Inc., No. 12CV0733 DMS (WVG), 2021 WL 2550057 (S.D. Cal. June 21,...more
The Federal Circuit had a busy week, issuing 18 opinions—8 of them precedential. One of those cases put a new spin on two PTAB-related issues we’ve covered extensively on this blog: Arthrex (which held PTAB judges were...more
Precedential Federal Circuit Opinions - CAP EXPORT, LLC v. ZINUS, INC. [OPINION] (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) - Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of...more
In a recent decision, Judge Brian R. Martinotti affirmed Magistrate Judge Douglas E. Arpert’s order denying plaintiffs’ motion for leave to amend its complaint. Plaintiffs were attempting to remove their patent infringement...more
A PTAB panel found FedEx sufficiently akin to Priority Mail Express to meet the petition service rule, and to the extent necessary further waived the regulatory requirements related to the timing of Petitioner’s (TIZ Inc....more
In cxLoyalty Inc. v. Maritz Holdings Inc., 986 F.3d 1367, 1380 (Fed. Cir. 2021), Patent No. 7,134,087 explained that loyalty programs often issue points to customers as a reward for certain activities and allow the customers...more
As of 2020, post grant proceedings have been in use for eight years. Designed as an alternative to district court litigation post grant proceedings have offered litigants a faster and more cost effective forum for resolving...more
Uniloc 2017, LLC v. Facebook, Inc., Case No. 19-1688 (Fed. Cir. March 9, 2021) - The Federal Circuit has further clarified the scope of what types of PTAB decisions are appealable under 35 U.S.C. § 314(d). In Uniloc 2017 v....more
CXLOYALTY, INC. v. MARITZ HOLDINGS INC. Before Prost, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim implementing an abstract idea using conventional techniques is patent...more
These charts and graphs appear in the firm's Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions report... Appeals from the USPTO dipped in FY20, reaching their lowest level since FY15. After four...more
After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. For 2020, we identified eight stories that were covered on Patent Docs last year that we believe...more
No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry - In Donner Technology, LLC v. Pro Stage Gear, LLC, Appeal No. 20-1104, the Federal Circuit determination as to whether a reference is...more
A November 17, 2020 decision by the Federal Circuit has extended the Supreme Court’s April 2020 decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020), which held that institution decisions...more
The US Court of Appeals for the Federal Circuit found that in view of the Supreme Court of the United States’ 2019 decision in Thryv v. Click-to-Call, the Patent Trial and Appeal Board’s threshold determination that a patent...more
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The Board’s determination that a patent qualifies for CBM review is non-appealable under 35...more
Total PTAB petitions remained flat in FY2020, with 1513 petitions total being filed: IPR (1429), PGR (64), and CBM (20), compared to 1464 in FY2019 and 1613 FY2018, down from 1901 in FY2017. September IPR petition filings...more
Earlier this month, on September 16, 2020, the Transitional Program for Covered Business Method (CBM) Review expired. Enacted as part of the AIA and spanning eight years, CBM Review was promoted within Congress as a vehicle...more