ARE Patent Law Alert:
Federal Circuit Denies Rehearing En Banc and Confirms Patent Eligibility Relies Upon Factual Determinations
On May 31, 2018, the U.S. Court of Appeals for the Federal Circuit denied petitions for rehearing en banc in both Aatrix Software, Inc. v. Green Shades Software, Inc., 882 F.3d 1121 (Fed. Cir. 2018)and Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018), with concurrences by Judge Moore and Judge Lourie, and a […]
Supreme Court 2017-2018 IP Case Review
NYIPLA The Report: Winter Issue 2017-2018 The Supreme Court has continued to demonstrate considerable interest in intellectual property issues, as it has over the past several years, by granting writs of certiorari in two patent cases so far for review this term (as of publication). While less in number than previous years (at least so […]
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IN SAS INSTITUTE INC. V. IANCU, U.S. SUPREME COURT DETERMINES THAT PTAB MUST ISSUE A FINAL WRITTEN DECISION ADDRESSING ALL CHALLENGED CLAIMS IN IPR PROCEEDINGS
On April 24, 2018, the Supreme Court of the United States issued a 5-4 opinion in SAS Institute Inc. v. Iancu, No. 16-969, 584 U.S. ____ (2018). In this Decision, the Court reversed the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) and held that “the petitioner in an inter […]
Patent Law Alert:PTAB ISSUES A GUIDANCE ON MOTIONS TO AMEND IN VIEW OF FEDERAL CIRCUIT’S AQUA PRODUCTS DECISION
On November 22, 2017, the Patent Trial and Appeal Board (“PTAB”) issued a guidance on motions to amend filed in inter partes review (“IPR”) and post-grant review (“PGR”) proceedings following the Federal Circuit’s en banc decision in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017) (https://www.uspto.gov/sites/default/files/documents/guidance_on_motions_to_amend_11_2017.pdf?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=) (“the Guidance”). In the Guidance, the […]
Patent Law Alert:
In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, U.S. Supreme Court Held That Inter Partes Review by the Patent Trial and Appeal Board Does Not Violate Article III or the Seventh Amendment
On April 24, 2018, the United States Supreme Court issued its much-anticipated decision in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, affirming the United States Court of Appeals for the Federal Circuit’s judgment that inter partes review does not violate Article III or the Seventh Amendment. This 7-2 majority opinion of the Court […]
ARE Trademark Law Alert: Federal Circuit Panel Holds Lanham Act Prohibition Against Registration of Immoral or Scandalous Trademarks to Be Unconstitutional
On December 15, 2017, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in the case In re Brunetti (no. 15-1109) held the Lanham Act’s prohibition against the federal registration of “immoral . . . or scandalous” trademarks to be an unconstitutional violation of the First Amendment. This ruling has been […]
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“Diagnose and Treat†Claims Held Patentable By Federal Circuit – A Path Forward For Patentability
On April 13, 2018, a three-judge panel of the United States Court of Appeals for the Federal Circuit (CAFC), held in a 2-1 split decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707 & 2016-2708 that claims directed to a specified method of treatment based on a previously-performed, specified diagnosis are patentable. By way […]
In The Press:Amici Request SCOTUS Intervention to Protect Against Extra-Statutory Application of Patent Eligibility Challenges in Court
On November 21, 2017, amici Network-1 Technologies, Inc. (“Network-1”), Mirror Worlds Technologies, LLC (“MW”), Broadband iTV, Inc. (“BBiTV”), Island Intellectual Property, LLC (“IslandIP”), Double Rock Corporation (“Double Rock”), and Access Control Advantage, Inc. (“ACA”) (collectively “Amici Curiae”) filed an brief in support of RPost’s petition for a writ of certiorari in RPost Communs. Ltd. v. GoDady.com, […]
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Federal Circuit Panel Holds Google’s Use of Oracle’s Java API Packages Does Not Constitute Fair Use Under 17 U.S.C. § 107
On March 27, 2018, a three-judge panel of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a ruling in Oracle America, Inc. v. Google LLC, No. 17-1118 (Fed. Cir. Mar. 27, 2019). The Court reversed the district court’s decision and held that “Google’s use of the 37 Java API packages was […]
In The Press: Justices Urged To Hear If Courts Can Nix Patents Over Alice
Law360, New York (November 22, 2017, 7:17 PM EST) — Several patent holding companies banded together to urge the U.S. Supreme Court on Tuesday to hear a case that challenges whether lower courts can invalidate patents because they cover an abstract idea or other subject matter that is ineligible for a patent. Available at: https://www.law360.com/articles/987992/justices-urged-to-hear-if-courts-can-nix-patents-over-alice(subscription required)