Bills in Congress would Revoke the PTAB and Restore Patentability of Several Products

Several bills have been introduced in Congress in the last two months that would have a big impact on patent law if passed. The first, introduced at the end of June is HR6264, referred to as The Restoring American Leadership in Innovation Act. Among the provisions of this bill would be elimination of the Patent […]

Federal Circuit Judge Calls for a Fix to the “Abstract Idea” Mess: Part 4

By Kirk M. Hartung

Below you’ll find the last and final post of this blog series concerning the “abstract idea”. To read the previous posts, please view Part 1 of the series, Part 2 of the series, and Part 3 of the series. Prior blog posts illustrate concern from judges of the Court of Appeals for the Federal Circuit regarding […]

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 […]

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 […]

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 […]

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 […]

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 […]

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.  […]

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 […]

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 […]