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KEYnetik v. Samsung: The CAFC Splits the Difference in PTAB Obviousness Challenge

 January 28, 2021    7 min read
On January 27, in KEYnetik, Inc. v. Samsung Electronics Co., Ltd., the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, vacated-in-part and remanded an obviousness determination by the Patent Trial and Appeal Board (PTAB).

Haag-Streit AG v. Eidolon Optical: CAFC "Illuminates" Prior Art in Affirming Nonobviousness

 January 20, 2021    5 min read
In Haag-Streit AG v. Eidolon Optical, LLC, the United States Court of Appeals for the Federal Circuit affirmed the validity of patent claims for a device that illuminates a patient's eye while examining it for epithelial defects.

USPTO Report on Chinese Trademark and Patent Filings

 January 17, 2021    6 min read
The United States Patent and Trademark Office (USPTO) recently released a report about the rapid increase in trademark and patent filings at both the USPTO and abroad. This article summarizes the report.

NCEAI Kick-Off Innovation Chat: Recap

 January 16, 2021    7 min read
On Tuesday, January 12, 2021, the National Council for Expanding American Innovation (NCEAI) hosted its first event of 2021, discussing the context of the initiative. Here's a recap of the event.

Other Recent Posts

Working at the Country's Most Innovative Company: An Interview with Former IBM Intern Shireen Bhatia

 January 15, 2021    9 min read
In 2020, IBM scientists and researchers received 9,130 United States patent grants, making them the top patent recipient for the 28th year in a row. I got a chance to interview Shireen Bhatia, who interned at “Big Blue” during her first summer of law school to talk about her experience working at one of the world's most innovative companies.

Boom Goes the Dynamite: Federal Circuit Invalidates Boom! Payments Claims

 January 14, 2021    5 min read
In "explosive" fashion, the United States Court of Appeals for the Federal Circuit (CAFC) obliterated three patents for confirming the consummation of transactions on January 13, 2021. The patents explain circumstances where buyers and sellers may not wish to exchange payments at the initial transaction time, such as when they agree to meet up later to exchange the goods and money.

iLife Technologies v. Nintendo: Federal Circuit Invalidates Gaming Patents

 January 13, 2021    5 min read
On Wednesday, January 13, 2021, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the invalidity of U.S. Patent No. 6,864,796 (the '796 patent) based on eligibility grounds in iLife Technologies, Inc. v. Nintendo of America, Inc.

Ratification of the Unified Patent Court Stalled: A Primer on the Issues

 January 13, 2021    4 min read
On Wednesday, January 13, 2021, several sources confirmed that the German ratification of the Unified Patent Court Agreement will be put on hold as the German Federal Constitutional Court analyzes two constitutional complaints that have been filed regarding the agreement. This article will provide a primer on the goals of the UPC.

In re Sturgeon: Federal Circuits Affirms Invalidity of Flower-Related Software Patent

 January 12, 2021    5 min read
On January 12, 2021, the Federal Circuit affirmed a PTAB finding of patent ineligibility under 35 U.S.C. Section 101 for an application reciting claims for creating a floral arrangement on an electronic digital display.

Phone Wars: Samsung Raises the Stakes with ITC Complaint

 January 12, 2021    5 min read
In my second installment of ITC Week, I am discussing a new twist to what may end up being one of the most high-octane litigations of 2021. On the heels of an anti-suit injunction from a Wuhan court (and now an anti-anti-suit injunction in response from the Eastern District of Texas), Samsung has raised the stakes in its dispute against Ericsson by filing an ITC complaint.

In re Comiskey: State Street Tightens

 January 11, 2021    7 min read
In re Comiskey is a case from the United States Court of Appeals for the Feder Circuit (the CAFC) related to business method patents and their treatment under 35 U.S.C. Section 101.

State Street: The First Cornerstone in the Business Method Saga

 January 11, 2021    6 min read
In State Street, the Federal Circuit denied the application of the mathematical algorithm exception to patentability and put to rest the Business Method Exception.

What is a 337 Investigation?

 January 11, 2021    8 min read
In this first post of ITC week, I discuss the basics of 337 Investigations and their role in enforcing intellectual property at the International Trade Commission.

Minerva Surgical Inc. v. Hologic, Inc. and a Lear Doctrine Primer

 January 10, 2021    6 min read
On Friday, January 8, 2021, the Supreme Court of the United States agreed to hear a case about whether an assignor of a patent can subsequently challenge the validity of the patent when being sued for infringement.

TecSec v. Adobe: Cryptography Passes Muster under Alice

 January 09, 2021    9 min read
In TecSec, the Federal Circuit took a closer look at the issue of cryptography as applied to the subject matter eligibility exception under 35 USC Section 101.

The Patent Office's New Approach to Indefiniteness in AIA Trials

 January 08, 2021    3 min read
This article will discuss the recent memorandum that the United States Patent and Trademark Office (USPTO) issued regarding indefiniteness in AIA post-grant proceedings.

Prior Art Searching 101

 January 07, 2021    11 min read
For a patent to issue, the patentee must claim an invention that cannot be found in the prior art. This article will discuss the concept of prior art and how prior art searches are conducted.

DDR Holdings: Another Important Link in the Chain of Patent Eligibiltiy

 January 07, 2021    9 min read
In DDR Holdings, LLC v. Hotels.com, L.P., the Federal Circuit addressed several issues including the patentability of software claims.

Alice Corp. v. CLS Bank: The Supreme Court's Latest Word on Software Eligibility

 January 06, 2021    7 min read
In Alice Corp. Pty. Ltd. v. CLS Bank Int'l, the Supreme Court set the new standard for software patentability under 35 U.S.C. Section 101.

Types of Patent Applications

 January 06, 2021    5 min read
This post will discuss the different types of patent applications filed in the United States and touch on some international filings.

What is a Patent Claim?

 January 04, 2021    6 min read
Patent claims are the heart of the patent document and demarcate the bounds of the rights under the patent. This post will discuss the concept of patent claims and how to understand the concepts of claims as "fenceposts" marking the patent rights.