Contemporary Evidence Beats Google Obviousness Challenge

The Federal Circuit recently upheld two patents against an obviousness challenge by Google. (Google v. At Home Bondholders Liquidating Trust (Fed. Cir. 2018).) This case demonstrates the importance of contemporary evidence to supp… Read More

Does the Alice Patent-Eligibility Test Require a Jury Trial?

A split Federal Circuit panel has affirmed a district court’s holding that patent claims directed to a “temporal artery temperature detector” are patent-eligible under 35 USC § 101 and the Mayo/Alice test.  Exergen Corp. v… Read More

Can Internet Advertising Claims Ever Be Patent-Eligible?

One should never say never in the constantly-evolving world of patent-eligibility law, but a recent case demonstrates the perhaps insurmountably steep obstacles faced by patent claims directed to Internet advertising under the May… Read More

When Is Benefit from a System Patent Claim Infringing Use?

The Federal Circuit has affirmed a district court’s rule 12(b)(6)dismissal of a complaint alleging direct patent infringement where the patent owner pled that the defendant at most benefited from the claimed system as a whole, a… Read More

PTAB Claim Construction Results in Insufficient Evidence to Support Institution

In its Decision to grant institution of inter partes review in Apple Inc. v. Valencell, Inc. (IPR2017-01947, Decision dated Feb. 26, 2018), the PTAB construed the term “adjacent” to have a different meaning than that proposed… Read More