ARE Patent Law Alert:
USPTO Updates Guidance on Patent Subject Matter Eligibility as Federal Circuit Continues to Issue Decisions Finding Patents Eligible under 35 U.S.C. § 101
The U.S. Patent and Trademark Office (“USPTO”) issued a Enfish, LLC v. Microsoft Corp. and TLI Communications LLC v. A.V. Automative, LLC; and (ii) here) as: Cautioning that courts “must be careful to avoid oversimplifying the claims” by looking at them generally and failing to account for the specific requirements of the claims; Clarifying that […]
ARE Patent Law Alert: Supreme Court Affirms Use of Broadest Reasonable Interpretation in IPRs and Denies Appeals of Decisions to Institute IPRs
On June 20, 2016, the U.S. Supreme Court issued its first Decision reviewing the structure of the Leahy-Smith American Invents Act ("AIA" or “Act”). In the Decision, Cuozzo Speed Techs., LLC v. Lee, No. 15-446 (U.S. June 20, 2016), a unanimous Court joined Parts I and III of Justice Breyer’s Opinion, finding that the […]
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Federal Circuit Reverses District Court On Patent Eligibility, Finds Computer-Implemented Patent Claims To Be Eligible Under Step One Of The Alice Test
In McRo, Inc. v. Bandai Namco Games America, the Federal Circuit reversed the district court’s finding that the patents at issue were ineligible under Section 101. In evaluating the claims, which are generally related to a method for automating animation of 3-D lip-synching, under the two-part Alice inquiry, the Court found that the claims were […]
Law 360 reported on amicus briefs filed at the U.S. Supreme Court in support of granting the petition for certiorari to hear questions regarding the constitutionality of the PTAB proceedings including inter partes review in MCM v. Hewlett Packard Co.
Law360 reports on Amicus Brief Partner Charles R. Macedo and Associate David Goldberg submit to U.S. Supreme Court on behalf of New York Intellectual Property Law Association in MCM v. Hewlett Packard.The report quoted the brief as stating: “If this petition is denied, the decision below will likely be left as the final word on […]
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Federal Circuit Applies Supreme Court’s Enhanced Damages Standard in Patent Cases Remanded from the Supreme Court
On June 13, 2016, the United States Supreme Court issued a joint decision in Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc., (“Halo”), unanimously rejecting the United States Court of Appeals for the Federal Circuit’s Seagate test for enhanced damages in patent cases. In both cases, the Court vacated the […]
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In The Medicines Company, Federal Circuit Clarifies the Meaning of Offer For Sale
The United States Court of Appeals for the Federal Circuit, sitting en banc, held that to invalidate a patent under the “on sale” bar of 35 U.S.C. § 102(b), the claimed invention “must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general […]
ARE Patent Law Alert: Federal Circuit Denies Mandamus in Heartland Over Patent Venue
On Friday, April 29, 2016, the U.S. Court of Appeals for the Federal Circuit (“the Federal Circuit”) denied a petition for writ of mandamus by TC Heartland, LLC (“Heartland”) to dismiss or transfer an action for lack of personal jurisdiction, holding that would not alter its precedent concerning venue and jurisdiction. Background Kraft Foods, Inc. […]
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Federal Circuit Reverses District Court on Patent Eligibility, Finding a Biological Method Patent Eligible
On July 5, 2015, the Federal Circuit released a decision in Rapid Litigation Management Ltd., formerly Celsis Holdings, Inc. v. Cellzdirect, Inc., No. 2015-1570 (Fed. Cir. July 5, 2016). The case continues the Federal Circuit’s recent trend of decisions in favor of patent eligibility. On May 12, 2016, the Federal Circuit confirmed that not all […]
In the Press: IP Law 360 Reports on Broadband iTV Inc., “High Court Urged To Make Clear If Software Is Patentable”
Law360, New York (April 16, 2016, 12:36 AM ET) — A patent-holding company urged the Supreme Court on Thursday to review the invalidation of software company Versata’s pricing patent in the America Invents Act’s business method patent review program, arguing in an amicus brief that the justices must clarify the program’s scope and make clear […]
Brief Of Amici Curiae, Versata Development Group, v. SAP America, Inc. and SAP AG, and Under Secretary Of Commerce For Intellectual Property And Director of the United States Patent And Trademark Office (U.S. April 14, 2016)
Click to download PDF: Brief Of Amici Curiae, Versata Development Group, v. SAP America, Inc. and SAP AG, and Under Secretary Of Commerce For Intellectual Property And Director of the United States Patent And Trademark Office (U.S. April 14, 2016)