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Introduction On July 19, 2016, the District Court for the Western District of Washington (“Court”) dismissed a patent suit because the asserted patents (U.S. Patent Nos. 8,682,959 and 9,049,267 ) cover ineligible subject matter. See Appistry,…
On July 14, 2016, the U.S. Patent and Trademark Office issued new subject matter eligibility guidance for life science claims following a ruling by the Federal Circuit in Rapid Litigation Management v. CellzDirect , No. 15-1570 (Fed. Cir. July 5, 2016),…
The second prong of the Alice test is commonly abbreviated as requiring an “inventive concept.” Of course, that same nomenclature is used by many international patent laws as a synonym for nonobviousness. Can a defendant then cite prior art to…
A prior post reported on the litigation between Electric Power Group (EPG) and Alstom Grid . The lawsuit, filed in the Central District of California, alleged that Alstom’s “PhasorPoint” and “e-terravision” solutions infringed…
It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of the specification and some…
The USPTO recently announced three new Enhanced Patent Quality Initiative programs that are designed to (i) add more detail and clarity to the public record of each U.S. patent application, and (ii) improve consistency in how USPTO examiners' work…
Welcome to the first in Patexia's IP Matters Webinar Series: Patents and Prior Art 101 Designed to build the foundation of intellectual property knowledge, this webinar covers the basics of patents and prior art. It's a valuable introduction for…
Each country has its own patent system, and no authority can issue a patent enforceable in any other country. Because today’s increasingly global economy demands global cooperation to protect intellectual property rights internationally, 18 states…
Last week’s article detailed prior art and patentability , and defined prior art as all information pertinent to a patent that was publicly available before that patent’s application was submitted. This information is important because novelty…
Patents exist to promote innovation. By granting a federally recognized documents to inventors with a new idea, the government is able to make these ideas public while at the same time protecting the rights of the inventor. This free exchange of…
I have a confession to make -- I never learned to sew. Perhaps I can blame this on growing up during the 50s and 60s before gender-based roles loosened up. At least this sounds like a good excuse. Despite this basic lack of training, there periodically…
The recent decision on Teva Pharmaceutical Industries Ltd. v. Astrazeneca Pharmaceuticals LP raises the issue of ‘secret prior art’ and also raises speculation on how (if at all) the America Invents Act will change the patent landscape in this…
