Cert. Denied in Google Books Copyright Case: Big Win for Fair Use Doctrine

The U.S. Supreme Court recently denied review of the Second Circuit decision in The Authors Guild et al. v. Google Inc., 804 F.3d 202 (2d Cir. 2015), finalizing a decision allowing Google to continue its mass digitization projects… Read More

Haircuts Are Not Patent-Eligible, Says Federal Circuit

Claims in a patent application that were directed to a method of hair-cutting are not patent-eligible under 35 U.S.C. § 101, the Federal Circuit has held.  In re Brown, No. 2015-1852 (Fed. Cir. April 22, 2016) (per curiam).  Al… Read More

Does Claim Construction Matter in Determining Patent-Eligibility under 35 U.S.C. § 101?

Patent applicants and owners should position claims for narrow constructions where subject matter is susceptible to challenge under 35 U.S.C. § 101, suggests a recent decision from the USPTO’s Patent Trial and Appeal Board (PTA… Read More

How Did the Supreme Court’s Akamai Decision Change the Law of Divided Patent Infringement?

The Federal Circuit has given new life to a patent owner alleging that actions of multiple parties constitute direct infringement under 35 U.S.C. § 271(a).  Mankes v. Vivid Seats Ltd., No 15-1500 (Fed. Cir. April 22, 2016).  Th… Read More

Can Arguments in a Patent Specification Overcome Alice?

The drafters of U.S. Patent No. 9,220,651 took an interesting approach to try to circumvent defeat of their claims as directed to an unpatentable abstract idea under 35 U.S.C. § 101.  The application for the ‘651 patent wa… Read More