The last 11 years have taught us much about the Federal Circuit; namely, that a majority of the judges simply do not seem to appreciate software. Given the statements that several have made in opinions, one might be able to...more
Stark, J. Sage Products, LLC (“Sage”) challenged a Patent Trial and Appeal Board (“Board”) decision finding two of Sage’s patents unpatentable. After the original appellee, Becton, Dickinson and Co., withdrew, the Director of...more
Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more
As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more
At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101....more
Over the last two years, we have studied the examiner affirmance rates of the Patent Trial and Appeal Board (PTAB) for § 101 rejections. The PTAB is the administrative court of the U.S. Patent and Trademark Office (USPTO)...more
Precedential and Key Federal Circuit Opinions - 1. BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more
When we first wrote about the Patent Eligibility Restoration Act (PERA), I had no idea I would have the honor of being invited to testify before the Subcommittee on Intellectual Property of the Senate Judiciary Committee, but...more
It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to...more
IN RE: CHRISTOPHER JOHN RUDY - Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility...more