ARE Patent Law Alert:
Federal Circuit Confirms That Judge Not Jury Determines Threshold Inquiry For Willfulness Determination

In its 2007 en banc decision in Seagate, the Federal Circuit redefined the legal standard for determining willful infringement. The Federal Circuit set forth a two-part inquiry: First, the patentee must show than an accused infringer acted despite an objectively high likelihood that it was infringing. Second, if so, the patentee must also show that […]

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Federal Circuit Affirms Computer-Implemented Financial Management Claims Patent-Ineligible As Capable Of Being Performed Mentally

(July 30, 2012)  Just a few weeks after its decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, 2012 U.S. App. LEXIS 13973 (Fed. Cir. July 9, 2012) recently reported by us, the Federal Circuit again considered the patent-eligibility of claims covering computer-implemented financial management systems, methods, and media.  This time the […]

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USPTO Issues Proposed Rules For Implementing A First-Inventor-To-File System

(July 30, 2012) On July 26, 2012, the USPTO issued proposed rules and examination guidelines for the first-inventor-to-file patent system set to take effect on March 16, 2013, providing guidance on how the USPTO plans to handle patents affected by the AIA. Generally, the proposed rules seek to follow the tenets of the new law […]