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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) This week’s case of the week focuses, not on a patent...

CAFC Likely to Vacate PTAB Issue Joinder Prohibition

IPR Joinder Decisions Unreviewable Post-Thryv? On July 8th, in Fitbit, Inc. v. Valencell, Inc., the Federal Circuit appeared to telegraph that it will vacate its decision in Facebook, ...

PTAB Fast-Track…Not So Fast

New Pilot May Not Accelerate Post-Grant Matters Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to begin...

Feed tagged as "section 101":
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC v. SHOPPERSCHOICE.COM, LLC Before Prost, Dyk, and Wallach.  Appeal from the United States District Court for the... Read More »
UNILOC USA, INC. v. LG ELECTRONICS USA, INC. Before Moore, Reyna, and Taranto.  On appeal from the District Court for the Northern District of California. ... Read More »
IN RE: CHRISTOPHER JOHN RUDY Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark... Read More »
AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC Before Dyk, Moore, Taranto.  Appeal from the United States District Court for the District of... Read More »
SOLUTRAN, INC v. ELAVON, INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota Summary: Method... Read More »
Written by: Bridget A. Smith & Philip M. Nelson On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101... Read More »
  Before Wallach, Clevenger, and Stoll.  Appeal from the United States District Court for the District of Delaware. Summary: Claims directed to a... Read More »
A little over a year ago, the patent-eligibility of software inventions was very bleak. Examiners maintained difficult Alice-based rejections (rejecting the claims as ... Read More »
  Federal Circuit Summary   Before Prost, Moore, and Wallach.  Appeal from the Northern District of Florida. Summary: When a... Read More »
On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on... Read More »
Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle... Read More »
Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding... Read More »
For both patent Applicants and Patent Office Examiners, the Supreme Court’s 2014 Alice Corp. v. CLS Bank International decision has created ongoing uncertainty... Read More »
Federal Circuit Summary   Before O’Malley, Reyna, and Hughes.  Appeal from the District Court for the Northern District of California... Read More »
Machine learning is one of the fastest growing categories of granted patents[1].  However, there do not appear to be many examples of patent infringement... Read More »
Federal Circuit Summary Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. On petition for rehearing en... Read More »
Written by: Scott Forbes and Michael L. Fuller The U.S. Patent and Trademark Office has issued new guidance to patent examiners in light of the Federal... Read More »
In Core Wireless Licensin g S.A.R.L. v. LG Electronics, Inc., the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101... Read More »
Written by Damien Howard and Ronald J. Schoenbaum The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in... Read More »
Written by Jeremy Anapol and Michael L. Fuller Courts increasingly rely on analogies to show that claims are not directed to patent-eligible subject matter under... Read More »
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