An IPR Appellant Must Establish an Injury to Have Standing
By Blog Staff
In JTEKT Corp. v. GKN Auto. Ltd., Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018), the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an inter partes review (IPR) appeal due to lack of standing. The requirement for an appellant to establish an injury in fact remains firm. JTEKT petitioned for an […]
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 3
By Kirk M. Hartung
This abstract idea case continues to stir up important matters that we all need to keep a close eye on. Below you’ll find part 3 of this blog series concerning the “abstract idea”. To read the previous posts, please first view Part 1 of the series, and then view Part 2 of the series. The […]
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Post-Grant Review of CBM Patents
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 […]
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Being Old Does Not Equate to Being Less Valuable
By Blog Staff
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 […]
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AUTM’s Recommends Narrow Changes to NIST on the ROI Initiative
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 […]
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Gene Editing Regulatory Setback
By Heidi Sease 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. […]
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Have You “Got Milk”?
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 […]
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 2
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 […]
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Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 1
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 […]
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What is an Abstract Idea?
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 […]
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