Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patents · clear
Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v. Blackberry Corporation is an…
On January 12, 2016, President Barack Obama announced his goal of a nationwide “Cancer Moonshot,” with the ultimate goal of accelerating cancer research “to end cancer as we know it” during his State of the Union Address. As a part…
“All right, Mr. DeMille, I’m ready for my close-up.” -- Sunset Boulevard (1950) The Supreme Court decision Alice Corp. v. CLS Bank , 134 S. Ct. 2347 (2014) pronounced, in no uncertain terms, preemption “drives” patent subject…
As Q3 of 2016 ended last Friday, we looked at the quarterly numbers for patent litigation in district courts as well as Inter-Partes Review (IPR) challenges filed before the PTAB. In those three months, there were 1,182 patent lawsuits filed in different…
Although it is unclear whether PTAB decisions are given collateral estoppel effect in district court proceedings, PTAB decisions are at least persuasive authority. And as one court observed, “ignoring the PTAB decision entirely smacks of…
As you will recall, in Prometheus v. Mayo, the Supreme Court held that a claim reciting a natural law had to have other non-conventional steps to pass muster under s. 101. The natural law in Mayo was the correlation between the concentration of the…
If the UN Secretary General and the members of his “High Level Panel on Access to Medicines” thought the State Department was bluffing when it warned against their attempt to make intellectual property the fall guy for the lack of health care…
Consulting giant Accenture has rattled the cage of the fintech community by filing a patent for an “editable” blockchain that would allow a central administrator to edit or delete information stored in a permissioned blockchain system. Business…
Patent attorneys are often asked the question: “Is my idea patentable?” Often the idea is related to software or business methods. Well-known business methods include Amazon’s “1-click shopping” and Priceline’s…
During its August Patent Quality Chat, the USPTO discussed the recently launched Patent Prosecution Pilot Program (P3). The P3 program is a hybrid of the After-final Consideration Pilot (AFCP 2.0), which has been available since 2013, and Pre-Appeal Brief…
The Patent Trial and Appeal Board (PTAB) decides petitions to institute post-grant proceedings, including inter partes reviews (IPRs). PTAB institution decisions, as contrasted with the merits of any final written decision, are nonappealable. Despite the…
In the fourth of a recent series of appellate decisions establishing patent-eligibility of patent claims post-Alice, in McRO, Inc. v. Bandai Namco Games America , the Court of Appeals for the Federal Circuit reversed a district court ruling of…
