New Patent Prosecution Standard? USPTO Provides Preliminary Post-Alice Corp. Guidelines for Evaluating Patent-Eligibility

In the wake of Alice Corp. v. CLS Bank Int’l., the U.S. Patent and Trademark Office has issued “preliminary instructions effective today to the Patent Examining Corps relating to subject matter eligibility of claims involv… Read More

Patent Practice Lessons from Alice Corp. v. CLS Bank

No one expected the U.S. Supreme Court to hold that claims directed to “financial matters and risk management” were patent-eligible in Alice Corp. v. CLS Bank Int’l., No. 13-298 (June 19, 2014).  Indeed, the Cou… Read More

Avoid Indefiniteness: Define Claim Terms

The Federal Circuit has held that a patent claim term construed under 35 U.S.C. § 112 is indefinite where, although the claim term encompassed a concept that was well known in the art, that concept was embodied by a class of algo… Read More

Ninth Circuit Affirms Inapplicability of Copyright First Sale Doctrine to Restrictive Software License

The Ninth Circuit has affirmed a district court decision (reported in this blog) holding that a restrictive software license is not a “sale” for purposes of the federal copyright laws, and that the license could not be used to… Read More

Inter Partes Review Barred by Real Party in Interest Requirement

The USPTO’s Patent Trial and Appeal Board (PTAB) has dismissed RPX Corporation’s multiple petitions for inter partes review (IPR) of four patents owned by Virnetx, Inc., holding that Apple, Inc., whose ability to bring… Read More