The USPTO published an October 17, 2019 Update on Subject Matter Eligibility. The Update follows up on the Patent Eligibility Guidance (PEG) the USPTO published in January 2019. The Update uses further explanation and examples to focus [...]
Patent infringement defendants often file a motion for judgment on the pleadings (under FRCP 12(c)) or a motion for summary judgment (under FRCP 56) early in the case – often before discovery or even a Markman [...]
In Samsung Elecs. Co., Ltd v. Infobridge PTE Ltd., (Fed. Cir. July 12, 2019) the Federal Circuit found that the PTAB applied the wrong legal standard for determining whether a reference was publicly accessible before a critical [...]
In the case of Automotive Body Parts Association v. Ford Global Technologies, the Court of Appeals for the Federal Circuit was asked to consider whether certain design patents owned by Ford are invalid on the grounds of [...]
The United States Supreme Court recently issued a decision on whether “immoral or scandalous” trademarks could properly be barred under the Lanham Act’s express provisions against such marks. In its decision for In Re Brunetti (June [...]
Patent challengers have a number of mechanisms to challenge the validity of a patent. The American Invents Act of 2011 overhauled the U.S. Patent system and established three types of administrative review proceedings before the Patent Trial [...]
States, such as through state universities, often own patents. Typically, state sovereign immunity shields a state from being sued by private parties, such as in a lawsuit brought by a party seeking declaratory judgement that the state-owned [...]
The America Invents Act permits a party to challenge a patent (a “petitioner”) before the Patent Trial and Appeal Board (PTAB) via an inter partes review (an “IPR”). However, the AIA provides that such a review [...]
The America Invents Act of 2011 overhauled the U.S. Patent system and established three types of administrative review proceedings before the Patent Trial and Appeal Board that enable a “person’ other than the patent owner to [...]
The United States Patent and Trademark Office (USPTO) released revised guidance (Section 101 Revised Guidance) for use by USPTO personnel in evaluating subject matter eligibility under 35 U.S.C. § 101, effective January 7, 2019. The Guidance [...]
