ARE Patent Law Alert:
USPTO Issues Preliminary Examination Instructions In View of Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank Int’l, et al.

In view of the U.S. Supreme Court’s recent decision in Alice Corporation Pty. Ltd. v. CLS Bank Int’l, et al., No. 13-298, 573 U.S. __ (June 19, 2014), holding that the claims of a computer-implemented invention drawn to nothing more than an abstract idea are not patent-eligible under 35 U.S.C. § 101, the United States […]

Divided panel lets USPTO reexamination decision trump prior District Court ruling

Fresenius USA, Inc v Baxter Int’l, Inc, 721 F 3d 1330 (Fed Cir 2013) Abstract In Fresenius, a divided Federal Circuit panel held that the United States Patent and Trademark Office’s cancellation of patent claims during re-examination proceedings is binding on concurrent non-final infringement litigation. This important case addresses the interplay between court and administrative […]