Secondary Considerations Succeed at the PTAB

In a rare instance of relying on secondary considerations to overcome an allegation of obviousness, the Patent Trial and Appeals Board refused to institute an Inter Partes Review of U.S. Patent No. 8,550,271, directed to a crimp-o… Read More

Recitations of Hardware Can Save Patent-Eligibility

A court denied a motion to dismiss that alleged patent-ineligible subject matter where the patent claims recited physical structure that, the court said, showed that the claims were not directed to a patent-ineligible abstract ide… Read More

Business Method Patents Survive Alice at Federal Circuit

A recent Federal Circuit case demonstrates that reports of the death of business method patents may be exaggerated, even if not greatly. In Trading Technologies Int’l., Inc. v. CQG, Inc., 2016-1616 (Fed. Cir. Jan 18, 2017) Judge… Read More

PTAB Broadest Reasonable Interpretation: “in response to” Means “subsequent to”

In an ex parte appeal, the PTAB upheld the Examiner’s broadest reasonable interpretation of the patent claim language “in response to” as merely meaning “subsequent to.”  The decision is Ex parte Youngri Kim et al. (PTA… Read More

Some Business Methods Are Routinely Found Patent-Ineligible

A Federal Circuit panel needed one line to agree that a claims in a business method patent were patent-ineligible under Alice Corp. v. CLS Bank Corp. and 35 U.S.C. § 101.  In America’s Collectible Network, Inc. v. The Jewelry… Read More