ARE Patent Law Alert: Federal Circuit Clarifies That USPTO Can Only Consider Prior Art Found to Raise a Substantial New Question of Patentability in Inter Partes Reexamination Proceedings

Although under the America Invents Act, as of September 16, 2012, the U.S. Patent and Trademark Office (“USPTO”) ceased accepting new petitions for inter partes reexaminations, there are still many that are pending. In Belkin International, Inc. v. Kappos, No. 2012-1090 (Fed. Cir. Oct. 2, 2012), the U.S. Court of Appeals for the Federal Circuit […]

In the Press:CLS Bank v Alice decision signals showdown on patentable subject matter

The CLS Bank v Alice decision may signal an unavoidable showdown that is brewing among judges who disagree on what constitutes patentable subject matter, said lawyers this week. While analysing court decisions on patents during a panel discussion on Wednesday, partners and in-house counsel said recent rulings had highlighted “potential confusion and ambiguity”. Some lawyers […]