Posts Tagged: patent eligibility


Thoughts on Tiffany Cunningham’s Confirmation to the CAFC

Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
By Eileen McDermott
3 months ago 50

In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage

On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for …
By Logan Murr
3 months ago 3

USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study

In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
By Eileen McDermott
4 months ago 11

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional

The U.S. District Court for the Southern District of California recently ended a long, drawn-out patent infringement battle dealing with menu patents, which saw action in …
By Gene Quinn
4 months ago 0

La Cour d’Appel de l’Absurde (The Court of Appeals of the Absurd)

Reading the recent opinion of Judges Prost and Taranto in Yu and Zhang v. Apple and Samsung, Appeal Nos. 2020-1760, 1803 (Fed.Cir. June 11, 2021), I’m reminded of …

iLife Ties Its Patent Eligibility Fate to American Axle at Supreme Court

iLife Technologies last week petitioned the U.S. Supreme Court to hear its appeal of a January 2021 U.S. Court of Appeals for the Federal Circuit decision …
By Eileen McDermott
4 months ago 1

Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome

Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
By Gene Quinn
4 months ago 19

CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents

On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant …
By Nancy Braman
4 months ago 59

Biden is Missing an Opportunity at the USPTO

Intellectual property (IP) made modern vaccines possible. It took billions of dollars in private and public investments in research and development to be able to create, in …
By Russell Slifer
5 months ago 65

Fit to Drive: Three Inspiring Office Action Responses from the USPTO’s Art Unit 3668

Every patent practitioner has faced the same obstacle — a client's application is assigned to an unfamiliar art unit. This presents two challenges: unfamiliarity with the examiners and …
By Yvonne Morris
5 months ago 3

Substitute/Cultivated Meat Technology: A Deep-Dive Patent Landscape Analysis

Meat substitute technologies and the growing industry based on those technologies have seen significant growth in recent years, from the number of startup companies to the amount …
By Leonard R. Svensson
5 months ago 6

High Court is Poised to Un-Muddy the Section 101 Waters Nearly Seven Years After Alice

Could the United States Supreme Court once again weigh in on Section 101 subject-matter eligibility? With the Court having asked for the views of the Solicitor General yesterday, …

World IP Day 2021: Reflections During a Global Pandemic Year

Never more than in this past year has reflection and introspection been important to cope with the isolation and stress brought by a raging pandemic. As I …
By Matteo Sabattini
6 months ago 0

NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101

On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
By Matthew Schutte
6 months ago 11

Drafting Lessons from a 101 Loss in the Eastern District of Texas

On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
By Gene Quinn
6 months ago 10