Filewrapper®

Post-Grant Review of CBM Patents
August 02, 2018
Post by Blog Staff
A previous Filewrapper® blog post regarding the legal standard for determining whether a patent qualifies as a Covered Business Method (CBM) patent can be found here. To better understand that discussion, it may be helpful to explain the nature of a CBM patent and the process of reviewing a CBM patent post-grant, which the America Invents Act (AIA) refers to as a “transitional post-grant review proce.......
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Being Old Does Not Equate to Being Less Valuable
July 30, 2018
Post by Xiaohong Liu, Ph.D.
Last Friday, a Delaware federal jury awarded IBM Corp. more than $82 million after finding Groupon Inc. infringed four e-commerce patents (5,796,967; 7,072,849; 5,961,601; and 7,631,346). These patents relate generally to online customized advertisement services and so-called single-sign-on technology. The oldest patent has a priority date of July 15, 1988 and was granted on August 18, 1998, almost 20 ye.......
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Have You “Got Milk”?
July 27, 2018
Post by Christine Lebron-Dykeman
When you hear the term “Milk”, what comes to mind? Do you automatically think of cow’s milk (or perhaps sheep or goat milk) or do you have a broader definition in mind that covers almond, soy, cashew and other nuts, soybeans, or other plant sources? In 2013, a class action lawsuit was filed claiming that plant-based products labeled as milk are misleading to consumers as these products violate the FDA st.......
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AUTM’s Recommends Narrow Changes to NIST on the ROI Initiative
July 27, 2018
Post by Oliver P. Couture, Ph.D.
The National Institute of Standards and Technology (NIST) recently issued a public Request for Information for the Return on Investment (ROI) Initiative. The Association of Technology Managers (AUTM), who supports the ROI Initiative, stresses in their response that the fundamental principles of the Bayh-Dole Act be preserved. As pointed out by AUTM, Bayh-Dole has significantly contributed to the comm.......
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Gene Editing Regulatory Setback
July 27, 2018
Post by Heidi S. Nebel
The gene editing world was dealt a tremendous blow by the European Union (EU) in a decision issued July 25, 2018. The shock comes as the United Stated Department of Agriculture (USDA) recently announced that it would treat all gene edited crops with a deletion as outside of the regulations relating to “genetically modified” crops.     Hopes that this acceptance of gene editing would open t.......
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 2
July 25, 2018
Post by Kirk M. Hartung
Last week, I began a blog series on the "Abstract Idea" and hope you will continue to follow this critical topic. The previous post from last week can be found here.  The concerns regarding the current state of the law regarding patent eligibility raised by Judge Plager in his recent dissent in the decision by the Court of Appeals for the Federal Circuit in Interval Licensing (see previous blo.......
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What is an Abstract Idea?
July 24, 2018
Post by Blog Staff
In January of 2018, the United States Patent and Trademark Office (USPTO) published its latest revision of the Manual of Patent Examining Procedure (MPEP). With regard to patent eligibility, especially on the issue of abstract ideas, the MPEP was extensively updated. The January revision lays out a similar process as was previously used to determine whether a proposed invention is patent eligible. The claime.......
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 1
July 24, 2018
Post by Kirk M. Hartung
I will be posting for the next several weeks in a series regarding the infamous "Abstract Idea" Mess. Stay tuned for next week's series follow-up! In a decision of the United States Court of Appeals for the Federal Circuit (CAFC) dated July 20, 2018, and including AOL, Apple, Google and Yahoo as defendants, Judge Plager issued a 17-page dissent calling the current state of the law on patent eligibility.......
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Federal Circuit Offers Guidance on the Legal Standard for CBM Patents
July 18, 2018
Post by Blog Staff
On July 11, 2018, in Apple Inc. v. ContentGuard Holdings, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) clarified what the proper legal standard is for determining whether a patent qualifies as a covered business method (CBM) patent. The CAFC vacated and remanded a decision made by the Patent Trial and Appeal Board (PTAB) in which it held that a patent relating to a digital righ.......
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10 MONTH CONVERSION DEADLINE?? New Bayh Dole Regulations a Trap for the Unwary
July 18, 2018
Post by Heidi S. Nebel
Under the Bayh-Dole Act, businesses and nonprofit organizations that receive federal government funding, such as the National Institutes of Health (NIH), the United States Department of Agriculture (USDA), or Small Business Innovation Research (SBIR) grants, may retain ownership of inventions and patent applications that have been made with such funding. The requirements to retain ownership include: .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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