Suit Tossed on Alice Grounds Does Not Merit Attorneys Fees Under Octane Fitness

A California district court recently considered the intersection between the patent-eligibility law of Alice and the fee award standard of Octane Fitness, set against the backdrop of a (mostly) successful challenge to the patent-i… Read More

A Reminder to Patent Drafters: Consistent and Well-Defined Terminology Is Important

Because the patent specification inconsistently referred to, and failed to define, a critical claim term, the court granted a motion for summary judgment of indefiniteness under 35 U.S.C. § 112, ¶ 2, concerning claims of U.S. Pa… Read More

All Want Clarity and Predictability in Patent-Eligibility Debate, but Agreement Ends There

As detailed in this (paywalled) article, the public comments responding to the U.S. Patent and Trademark Office’s “2015 Update on Subject Matter Eligibility” have two overriding themes.  First, the USPTO’s… Read More

Beware: An Enabling Specification Can Also Enable Prior Art

The Federal Circuit has held that a prior art reference was enabled in part because admissions in an applicant’s own specification explained what would have been known to one of ordinary skill in the art.  In re Morsa, No.… Read More