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Federal Circuit Clarifies Scope of Covered Business Method Review
February 27, 2017 | Blog | By William Meunier
The Federal Circuit has further clarified the scope of the covered business method (CBM) review program under the America Invents Act (AIA), explaining in Secure Axcess, LLC. v. PNC Bank National Association that in order for patent to be a CBM patent, it is not enough that the claimed subject matter may be used in a financial activity.
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Software is Still Patent Eligible
February 16, 2017 | Advisory | By Michael Van Loy, Michael Renaud, Sandra Badin, Matthew Karambelas, Nicholas Mouton
In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS Bank1 and its progeny) that have made computer-implemented inventions more vulnerable to subject matter eligibility challenges.
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New Rules in the Northern District of California Aim to Encourage Patent Case Settlements
February 8, 2017 | Blog | By Michael Newman, Marguerite McConihe
New rules for patent cases in the Northern District of California will significantly affect litigation and settlement of cases in Silicon Valley’s backyard. Lawyers litigating cases in the district after the January 17, 2017 change should be wary of the new requirements that set the Northern District of California apart.
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No Lack of Irony as FTC Brings FRAND Licensing Enforcement against Qualcomm Four Days after Declining to Address FRAND Licensing Requirements in its Revised IP Licensing Guidelines
January 19, 2017 | Article | By Michael Renaud, Robert Kidwell, Robert Moore
On January 17, 2017, the Federal Trade Commission (FTC) filed suit against Qualcomm in the U.S. District Court for the Northern District of California for allegedly monopolizing the market for CDMA and LTE baseband processor technologies.
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Losing IPR Petitioners May Lack Standing To Appeal
January 17, 2017 | Blog | By Michael Renaud, William Meunier
When the Patent Trial and Appeal Board issues a final written decision finding against an IPR Petitioner, can that Petitioner necessarily appeal that adverse decision? In a case of first impression, the Federal Circuit recently answered “no.”
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Supreme Court Declines to Revisit Broad Personal Jurisdiction Over ANDA Filers
January 12, 2017 | Blog | By Adam Samansky, Joe Rutkowski
On Monday, January 9, 2017, the U.S. Supreme Court denied, without comment, Mylan Pharmaceuticals’ petition for certiorari to reverse an opinion by the Court of Appeals for the Federal Circuit, which affirmed a broad scope of personal jurisdiction over generic ANDA filers in patent infringement suits under the Hatch-Waxman Act.
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IP Cases to Watch in 2017
January 12, 2017 | Blog | By Brad M Scheller
The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least different.
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Year in Review: The Most Popular Blog Posts of 2016
January 9, 2017 | Blog | By Christina Sperry
As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating the waters of patent prosecution, subject matter eligibility under § 101, and the Defend Trade Secrets Act.
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ClassCo, Inc. v. Apple, Inc.: A Reminder Of Obviousness Analysis Under KSR
January 6, 2017 | Blog | By Brad M Scheller , Anthony Faillaci
In ClassCo, Inc. v. Apple, Inc. the Federal Circuit upheld a decision from the Patent Trial and Appeal Board (“the Board”), which invalidated several claims of ClassCo’s US Patent No. 6,970,695 (“the ’695 patent”) that discussed caller ID technology that would verbally announce the name of an incoming caller before the call is connected.
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Federal Circuit Reverses PTAB Claim Interpretation in Dispute over Credit Card Security Patent
December 22, 2016 | Blog | By William B. Kezer
The Federal Circuit reversed the invalidation of two patents directed to providing security for credit card purchases in an opinion released earlier today. The patents at issue, U.S. Patent Nos. 7,840,486 and 8,036,988, disclose methods for effecting secure credit-card purchases by minimizing merchant access to credit card numbers.
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Supreme Court to Hear Patent Venue Case
December 15, 2016 | Blog | By Matthew Hurley, Brad M Scheller
The plot just thickened in the long-running debate over where patent cases should be litigated.
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With the U.K.’s Announcement, the European Unified Patent Court Moves Toward Realization
December 7, 2016 | Advisory | By Michael Renaud, James Wodarski, Michael McNamara, Robert Moore
On November 28, 2016, Baroness Neville Rolfe, the United Kingdom Minister of State for Intellectual Property, announced that the U.K. would ratify the Unified Patent Court Agreement (UPCA), paving the way for the European Unified Patent Court (UPC).
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Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying Relevant “Article of Manufacture”
December 7, 2016 | Alert | By James Wodarski, Matthew Karambelas
Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that product.
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The Federal Circuit Confirms That It Will Review PTAB’s CBM Determinations … To A Certain Extent
December 2, 2016 | Blog | By William Meunier , Serge Subach
The Federal Circuit has again addressed which types of patents are eligible for Covered Business Method (“CBM”) review before the Patent Trial & Appeals Board.
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PTAB’s Definition of CBM Patent is Wrong and Too Broad, Federal Circuit Says
November 23, 2016 | Blog | By William Meunier
The America Invents Act (“AIA”) mandates that a Covered Business Method Review is available only for challenging the validity of covered business method patents.
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Federal Circuit Corrects the Board’s “Too Exacting” Diligence Standard
November 21, 2016 | Blog | By Brad M Scheller
On November 15, 2016, a split panel of the Federal Circuit, consisting of Judges Moore and O’Malley, ruled that the antedating standard demanded by the Patent Trial and Appeal Board, requiring a “continuous exercise of reasonable diligence,” was too exacting and in conflict with Federal Circuit precedent.
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Intellectual Ventures Petitions Federal Circuit for Full Court Review
November 18, 2016 | Blog | By Michael Renaud, Sandra Badin, Matthew Karambelas
Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the ’050 and the ’610—are directed to filtering email or file content.
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Failure to Let Patent Owner Address Unpatentability Arguments Relied on by the Board Violates Administrative Procedures
November 15, 2016 | Blog | By Brad M Scheller
The Federal Circuit has ruled that the Patent Trial and Appeal Board cannot deny Patent Owner an opportunity to address portions of a prior art reference first discussed in Petitioner’s Reply, and then rely on those same portions to hold the claims unpatentable.
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The USPTO’s Latest Memo on Subject Matter Eligibility Provides Hope for Modern Innovators
November 8, 2016 | Blog | By Michael Van Loy
On November 2, 2016 the United States Patent and Trademark Office (USPTO) issued a memo to Examiners on its stance on subject matter eligibility in response to the McRO and BASCOM Federal Circuit decisions, previously discussed at Global IP Matters.
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Why No One is Talking About Derivation Proceedings
November 2, 2016 | Blog | By Kevin Amendt
Someone stole your invention and filed for a patent on it? Derivation proceedings in the Patent Office may be an answer. The Leahy-Smith America Invents Act (AIA) amended 35 U.S.C. § 135 to replace interference proceedings with a new process called derivation proceedings.
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