In The Press:What Bilski means for you
The US Court of Appeals for the Federal Circuit in late October changed the test for determining patentable subject matter in the US. IP experts from four industries explain how the decision will affect your patents. On October 30, 2008, the Federal Circuit issued its much awaited en banc decision in In re Bilski. Chief […]
In The Press:Innovation on the auction floor
Eileen McDermott asks James Malackowski, founder and CEO of patent auction company, Ocean Tomo, how he got here, what’s in store for the future and what the new US president should do for innovation. Why has Ocean Tomo been successful? Ocean Tomo is somewhat unique in that we have brought together professionals with IP backgrounds […]
In The Press:IP experts debate key issues in US and China webcasts
During two Managing IP-hosted webcasts last month, participants discussed the implications of the In re Bilski decision in the US and Chinese litigation tactics. Managing IP last month hosted webcasts on the US Court of Appeals’ ruling in In re Bilski and litigation tips in China. During the Bilski discussion, patent practitioners highlighted the looming […]
In The Press:Supreme Court hears business method battle
Attendees lined up outside the High Court early on the morning of November 9 to gain access to the 1:00 pm hearing in Bilski and Warsaw v Kappos. The Court was packed to capacity – about 400 people gathered to hear the controversial patent case, and many more were turned away. Bradley Wright of Banner […]
US Federal Circuit Confirms That Mere Inclusion Of A Computer Limitation Is Not Dispositive of Patent-Eligibility
Bancorp Servs v Sun Life Assur Co of Can, 687 F 3d 1266, Fed Cir, 26 July 2012 Abstract The US Court of Appeals for the Federal Circuit held the claims of a computer-implemented financial management patent to be ineligible under 35 USC §101 as directed to the abstract idea of managing a stable […]
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 […]
AIA’s Impact on Multidefendant Patent Litigation: Part 2
Click here to read the article. – October 26, 2012, IPLaw360, Public Policy and Technology Law360, New York
Injunctions For FRAND-Licensed Patents: Debate Continues
Click here to read the article. – IPLaw360, Competition Law360, Appellate Law360, New York (October 10, 2012)
ARE Patent Law Alert: Federal Circuit Orders En Banc Review of Alice Corp. Case Regarding Patent Eligibility
As discussed in prior ARE Patent Law Alerts, the U.S. Court of Appeals for the Federal Circuit recently has heard a number of cases concerning the patent eligibility of financial services-related patents. Most recently, in Bancorp Servs. v. Sun Life Assur. Co., the Federal Circuit found the claims at issue, which related to computer-implemented financial […]
Federal Circuit clarifies three-step recapture rule for analysis of reissued claims
In re Youman, No. 2011-1136, US Court of Appeals for the Federal Circuit, 2012 US App LEXIS 9346, 8 May 2012 (‘Youman II’) Journal of Intellectual Property Law & Practice (2012) doi: 10.1093/jiplp/jps108, first published online: July 19, 2012 The US Court of Appeals for the Federal Circuit provided an important clarification regarding the application […]