Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged court · clear
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…
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…
We recently studied the PTAB data and suggested that although the rise and fall in litigation indirectly affected the rise and fall in IPR challenges, the true driver of IPR challenges is the number of unique patents asserted each year. To learn more, we…
