In Virtek Visions international ULC v. Assembly Guidance Systems, Inc., DBA Aligned Vision Nos. 2022-1998, 2022-2022 (Fed Cir. Mar. 27, 2024), the Federal Circuit reviewed the Patent Trial and Appeal Board’s findings regarding patent obviousness for U.S. Patent No. 10,052,734. Specifically, appellate review of the Board’s findings related to the motivation to combine analysis.Continue Reading Conclusory Assertions Won’t Cut It: Federal Circuit Provides Further Insight into the Motivation to Combine Analysis

In SnapRays, d/b/a SnapPower v. Lighting Defense Group, the Federal Circuit found that a district court could exercise personal jurisdiction over a declaratory judgment defendant based on the defendant’s sending an Amazon Patent Evaluation Express (APEX) agreement to the declaratory judgment plaintiff alleging that the plaintiff infringed the defendant’s patents by selling products through Amazon into the state.Continue Reading Federal Circuit Finds Personal Jurisdiction in an Amazon Product Dispute

Allegations in a complaint may be insufficient to raise a factual dispute under Step 2 of Alice when a patent’s specification contradicts those allegations by using the claimed technology in a way that demonstrates a person of ordinary skill in the art would have viewed the technology as routine, conventional, or well-known.Continue Reading Alice Step 2 May be Satisfied by a Patent’s Description and use of Claimed Technology

In Maxell, Ltd. v. Amperex Technology Limited, 2023-1194 (Fed. Cir. Mar. 6, 2024), the Federal Circuit reaffirms that a patent claim that includes narrowing limitations requiring only some elements of a Markush group recited in the same claim are not indefinite under Section 112 so long as the claim, when read as a whole, is internally consistent and supported by the specification.Continue Reading Federal Circuit Finds that a Narrowing Claim Limitation that Expressly Requires Optional Elements of a Markush Group from the Same Claim is Neither Contradictory Nor Indefinite

In Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals, Inc. 2023-1952 (Fed. Cir. April 11, 2024), this case involves appellate review of a district court’s findings regarding patent obviousness and infringement in Hatch-Waxman litigation. Specifically, the Federal Circuit reviewed the lower court’s obviousness analysis for dosage regimen and polymorph patent claims, as well as its interpretation of ANDA approval resetting provisions.Continue Reading Federal Circuit Upholds Rifaximin Patent Rulings, Affirms ANDA Approval Restrictions

The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.Continue Reading Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract

In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132; 7,676,411; and 7,813,996 — were related and directed to graphical user interfaces used by commodity traders. TT alleged that IBG’s software, TWS BookTrader, which is used by traders to buy and sell on exchanges, infringed its patents.Continue Reading Federal Circuit Applies WesternGeco Framework to Expert’s Effort to Seek Royalties Flowing from Customers Overseas

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.Continue Reading The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law.Continue Reading AI-Assisted Inventions: Are They Patentable? Who is the Inventor?