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Update on “Patent Troll” Legislation in the Wake of the 2014 Elections

In December of 2013, the U.S. House of Representatives passed H.R. 3309, the "Innovation Act," ostensibly to address the problem of abusive patent litigation, sometimes referred to as patent trolling. While H.R. 3309 passed with bipartisan support by an overwhelming margin of 325-91 votes, its companion bill failed to clear the Senate. Failure of the […]

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USPTO Releases New Guidelines on Patent Subject Matter Eligibility

The USPTO today released new Guidance on Patent Subject Matter Eligibility. The new guidance comes nearly 9 months after the first set of “2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products“ were released in March 2014. The March guidelines sought to implement […]

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Shifting Pre-Trial Strategy in the Wake of Alice and Ultramercial

Four recent Supreme Court cases involving patentable subject matter under 35 U.S.C. § 101 (Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories, Inc., Ass'n for Molecular Pathology v. Myriad Genetics, Inc., and Alice Corp. v. CLS Bank International ) have had the practical effect of heightening the standard for patentability. However, these cases may […]

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USPTO Publishes its 2014 Patent Public Advisory Committee Annual Report

The Patent Public Advisory Committee (PPAC) for the USPTO published its Annual Report for the 2014 fiscal year. The annual report is directed to the President of the United States and addresses many issues faced in the previous fiscal year, summaries of goals met, and recommendations for the future. The 2014 report expressed concerns over the […]

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