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1
Federal Circuit Voids Check Processing Patent's Eligibility
In Solutran, Inc. v. Elavon, Inc., Nos. 2019-1345, -1460 (Fed. Cir. July 30, 2019), the Federal Circuit reversed the district court's patent-eligibility finding and held Solutran's U.S. Patent No. 8,311,945 not patent...
United States
23 Aug 2019
2
Minnesota Patent Litigation Wrap-Up – June And July 2019
This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of various substantive orders issued in pending cases
United States
23 Aug 2019
3
Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal Of Umbrella Configuration
In view of Applicant OEP's own utility patent, the Board had no doubt in affirming a Section 2(e)(5) functionality refusal of the product configuration shown below, for umbrellas.
United States
23 Aug 2019
4
Courts Continue To Explore Reach Of PTAB Estoppel & Standards For Assessing Exceptions
Keeping with yesterday's discussion of Patent Trial & Appeal Board (PTAB) estoppel in the district courts, a decision from earlier this year on yet another aspect of this estoppel has been recalibrated.
United States
23 Aug 2019
5
Federal Circuit: Construe Disputed Claim Terms Before Deciding § 101 Eligibility
The Federal Circuit – in a split decision – remanded a recent N.D. California decision and held that the district court should have construed a disputed
United States
22 Aug 2019
6
Physical Counterparts Of PTAB Utilized Product Manuals Estopped In Some Districts
District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel.
United States
22 Aug 2019
7
Withdrawal Of Petitioner From IPR Proceeding All But Ensures Success In Contingent Motion To Amend
On remand from the Court of Appeals for the Federal Circuit, the Patent Trial and Appeal Board granted patent owner's motion to amend on the basis that the totality of the record
United States
22 Aug 2019
8
TTAB Finds Wedge Shape For Yoga Blocks Functional Under Section 2(e)(5)
The Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "yoga blocks," finding the proposed mark to be de jure functional and therefore
United States
22 Aug 2019
9
To Cajole To Threaten: How Best To Curb Online Counterfeiting
The Trump administration, addressing efforts to curb online counterfeiting, has called for heightened collaboration, at times suggesting providing private parties with technological resources to help combat online counterfeiting.
United States
22 Aug 2019
10
Blockchain Payment Solutions, Patents And Market Data Announced
Late last week, a major U.S. financial services firm made headlines with several blockchain-related developments. The first relates to a credit card that will be offered
United States
22 Aug 2019
11
"Original Patent" vs. Written Description — A New Reissue Gauntlet?
In two opinions issued in the past few weeks, the Federal Circuit has shaken up two requirements of the reissue statute that most practitioners don't think about much.
United States
22 Aug 2019
12
PTAB Confirms (Again) That The AIA's "Enhanced Estoppel" Provision Applies To Concurrent IPR Proceedings
In a decision from the PTAB issued last week, the Board confirmed that the "enhanced estoppel" provision of 35 U.S.C. § 315(e)(1) applies to co-pending IPR proceedings when a final written decision issues in a first IPR.
United States
22 Aug 2019
13
Podcast: IP(DC): Drug Prices, Political Pressures & Patents
That really ties the hands of plans trying to get lower prices because they can't exclude similar drugs just because they're expensive.
United States
22 Aug 2019
14
Blockchain Applications For Enterprise Networks, Wine, Web Browsers And Drones
Early this week, a multinational technology firm and an Indian telecommunications firm joined the governance council of Hedera Hashgraph, a public,
United States
22 Aug 2019
15
Good News For Wireless Patent Owners – Improvement In Network Security Held To Be Patent-Eligible Subject Matter
On March 20, 2019, the Federal Circuit Court of Appeals issued an opinion that may bring some long-awaited good news for wireless patent holders.
United States
22 Aug 2019
16
Oil And Gas Digitalisation: Overcoming §101 To Obtain Valuable Patents
The oil and gas industry is facing uncertainty and rapid change. Low prices are forcing companies to increase efficiency, and many companies are producing more costly and technologically complex resources
United States
21 Aug 2019
17
New USPTO Rule For Foreign Trademark Applicants
On August 3, a new rule became effective at the U.S. Patent and Trademark Office (USPTO) requiring foreign-domiciled trademark applicants and registrants to be represented by an attorney who is licensed to practice law...
United States
21 Aug 2019
18
Effect Of Prosecution History Estoppel On Infringement Claim Under Doctrine Of Equivalents
The Federal Circuit in Amgen Inc. v. Coherus Biosciences Inc. affirmed a district court decision that once certain subject matter is clearly and unmistakably surrendered during prosecution, the patentee is barred from ...
United States
21 Aug 2019
19
Doctrine Of Equivalents Not Barred By Claim Amendments
Recent Federal Circuit decisions demonstrate that the doctrine of equivalents is alive and well, and not always barred by claim amendments. In both Ajinomoto Co. v. ITC and Eli Lilly and Co. v. Hospira, Inc., the Federal...
United States
21 Aug 2019
20
PTAB to Discuss Hearings This Week
The Patent Trial and Appeal Board (PTAB) will host a Boardside Chat webinar this Thursday, August 22, from noon to 1 p.m. ET
United States
21 Aug 2019
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