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ARE Patent Law Alert: Tafas v. Doll Round IV: Down For The Count

On Thursday, October 8, 2009, the USPTO announced that it was rescinding its controversial Final Rule regarding claim examination and continuation applications (“the Final Rule,” see Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications, 72 Fed. Reg. 46,716 (Aug. 21, 2007). The Final […]

ARE Patent Litigation Alert:
U.S. Government Files Brief in Bilski v. Kappos

On Friday, September 26, 2009, the U.S. Government filed its Brief to the U.S. Supreme Court in Bilski v. Kappos. The Bilski case is being closely watched because of the dramatic effect it could have on the scope of patent-eligible subject matter in the U.S. Our firm filed amici briefs at the U.S. Court of […]

ARE Patent Litigation Alert: U.S. Government Files Brief in Bilski v. Kappos

On Friday, September 26, 2009, the U.S. Government filed its Brief to the U.S. Supreme Court in Bilski v. Kappos. The Bilski case is being closely watched because of the dramatic effect it could have on the scope of patent-eligible subject matter in the U.S. Our firm filed amici briefs at the U.S. Court of […]

ARE Patent Law Alert:
Prometheus Labs v. Mayo Clinic: Federal Circuit Applies Transformation Prong of In re Bilski Test and Finds Drug Usage Method Claim to be Patentable Subject Matter Under Section 101

(September 17, 2009) On September 16, 2009, the U.S. Court of Appeals for the Federal Circuit issued another decision addressing the scope of patent-eligible subject matter under 35 U.S.C. § 101. In Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 2008-1403 (Fed. Cir. 2009), a unanimous panel reversed the lower court’s finding that the claims […]

ARE Patent Law Alert: Prometheus Labs v. Mayo Clinic: Federal Circuit Applies Transformation Prong of In re Bilski Test and Finds Drug Usage Method Claim to be Patentable Subject Matter Under Section 101

(September 17, 2009) On September 16, 2009, the U.S. Court of Appeals for the Federal Circuit issued another decision addressing the scope of patent-eligible subject matter under 35 U.S.C. § 101. In Prometheus Labs., Inc. v. Mayo Collaborative Servs., No. 2008-1403 (Fed. Cir. 2009), a unanimous panel reversed the lower court’s finding that the claims […]

ARE Patent Law Alert:
How the Supreme Court Should Resolve Bilski v. Doll

(July 20, 2009) On June 1, 2009, the U.S. Supreme Court granted a petition for writ of certiorari for the Federal Circuit’s decision In re Bilski. See Bilski v. Doll, 129 S.Ct. 2735 (2009) (cert. granted). The petition seeks to overturn a decision by the Federal Circuit, sitting en banc, in which the majority held […]

ARE Patent Law Alert: How the Supreme Court Should Resolve Bilski v. Doll

(July 20, 2009) On June 1, 2009, the U.S. Supreme Court granted a petition for writ of certiorari for the Federal Circuit’s decision In re Bilski. See Bilski v. Doll, 129 S.Ct. 2735 (2009) (cert. granted). The petition seeks to overturn a decision by the Federal Circuit, sitting en banc, in which the majority held […]

ARE Patent Law Alert:
Rehearing En Banc Granted in Tafas v. Doll

(July 8, 2009) On July 6, 2009, the U.S. Court of Appeals for the Federal Circuit (“the Federal Circuit”) granted a combined petition by the Plaintiff-Appellees for a panel rehearing and rehearing en banc of the Federal Circuit’s March 20, 2009 opinion, Tafas v. Doll, 559 F.3d 1345 (Fed. Cir. 2009) (“Tafas III”), which ruled […]