Category Archives: Patents

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Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 5

Introduction This article is the fifth in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB reversed an Examiner’s Section-101 rejection of a machine-learning-based patent application’s claims. The first article of this series … Continue Reading

Congress Gives Patent and Trademark Office Temporary Authorization to Move Deadlines in Light of COVID-19 Pandemic

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law.  The CARES Act is a $2 trillion economic stimulus and rescue package designed to mitigate the economic impact of the COVID-19 global pandemic caused by the novel coronavirus, which has resulted in a level of societal and … Continue Reading

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 4

PART 4:  INTELLECTUAL PROPERTY LEGISLATION TO WATCH IN 2020 In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property law and practice in 2020.  In the first three parts of the series, we looked at the IP issues … Continue Reading

Limited Relief for Patent and Trademark Applicants Affected by COVID-19

The U.S. Patent and Trademark Office (USPTO) is offering limited relief to patent and trademark applicants affected by coronavirus disease (COVID-19) by waiving the fee for filing a petition to revive an abandoned patent or trademark application.  Under an official notice issued by the USPTO, the office is considering the effects of the coronavirus to … Continue Reading

Federal Circuit Makes It More Difficult for Accused Infringers to File Declaratory Judgment Actions

In its March 13, 2020 decision in Communications Test Design, Inc. v. Contec, LLC, the Federal Circuit highlighted the obstacles that an accused infringer faces in filing a declaratory judgment action.  In particular, the Federal Circuit held that district courts may refuse to hear declaratory judgment actions filed while licensing negotiations are ongoing.  The court … Continue Reading

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 4

Introduction This article is the fourth in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB reversed an Examiner’s Section-101 rejection of a machine-learning-based patent application’s claims. The first article of this series … Continue Reading

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 3

Introduction This article is the third in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB reversed an Examiner’s Section 101 rejection of a machine-learning-based patent application’s claims. The first article of this … Continue Reading

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 2

Introduction This article is the second in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB reversed an Examiner’s Section-101 rejection of a machine-learning-based patent application’s claims. The first article of this series … Continue Reading

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1

Introduction This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019. This article begins the series by describing the USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) in the context of the U.S. patent system. Then, this article – and the … Continue Reading

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 2

PART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property law and practice in 2020. The first part of the series – looking at IP issues currently pending … Continue Reading

Intellectual Property Outlook: Cases and Trends to Follow in 2020 – PART1

PART 1: IP ISSUES CURRENTLY PENDING BEFORE THE SUPREME COURT In the first part of our series, we briefly summarize the intellectual property issues that the Supreme Court has already agreed to address in 2020. In particular, we provide a brief overview and key takeaways for the Supreme Court’s consideration of: Whether adding “.com” to … Continue Reading

Artificial Intelligence (AI) Patents – Will the Patent Office Change the Rules?

The number of patents for inventions based on artificial intelligence, machine learning and deep learning continues to grow rapidly. Some of these inventions relate to AI technology per se, and some relate to the use of AI in specific applications, including many in healthcare, financial services and blockchain, among other industries. The USPTO has addressed … Continue Reading

Left Empty Handed: Valve Shut Down on Written Prior Art, Highlighting Importance of System Art

System art is of increasing importance in patent disputes despite being frequently overlooked or “left for later” in many cases.  A recent decision in the Ironburg Inventions v. Valve Corp. case highlights the importance of system prior art, particularly as IPR success rates have dropped from their high points in 2012-15.… Continue Reading

Patent Attacks Against Open Source Intensify!

We previously reported on how popular open source has been under attack from patent assertion entities. The attacks continue. The GNOME Foundation recently acknowledged that it was sued for patent infringement by Rothschild Patent Imaging LLC. The allegedly infringing product is Shotwell, a free and open source personal photo manager. Neil McGovern, Executive Director for … Continue Reading

Perils of Waiting: PTAB’s Precedential Opinion Panel Designates Two More Decisions Rejecting 315(b) Arguments Regarding Time Bars

In two decisions recently designated as “precedential,” the PTAB rejected two theories raised by petitioners for why the service of a complaint should not trigger Section 315(b)’s one-year time bar for filing a petition. In the first case, the Board rejected the petitioner’s argument that a complaint must be served by a plaintiff that has … Continue Reading

New PTAB Guide Creates Uncertainty as to Multiple Petition Situations

The USPTO published its second update to the PTAB Trial and Practice Guide last month. The section addressing procedures for addressing multiple challenges to a patent is a new and noteworthy addition. In the new section addressing “parallel petitions challenging the same patent” by the same petitioner, the Board states that, “one petition should be … Continue Reading

Framing Your Pitch: A Lesson from the TTI v. IBG Cases

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These opinions serve as a reminder that litigation often turns on an advocate’s effectiveness in framing (or re-framing) a critical issue of law before the court. … Continue Reading

Yes, UCANN!

Patentees and inventors of cannabis compounds may be happy to learn a district court in Colorado recently held that, based on the record before it, U.S. Patent No. 9,730,911, entitled “Cannabis extracts and methods of preparing and using same,” is not directed to unpatentable natural phenomena. United Cannabis Corporation v. Pure Hemp Collective Inc., No. … Continue Reading

Returning to the Status Quo? – Proposed Outline for Section 101 Reform

On April 18, 2019, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), along with Representatives Doug Collins (R-GA), Hank Johnson (D-GA), and Steve Stivers (R-OH), released a bipartisan framework for 35 U.S.C. § 101 reform, available here.  The framework outlines specific goals that any proposed legislation should aim to address. The impetus for such reform … Continue Reading
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