B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Modifying Toolbars in Internet Apps Held Patent-Ineligible

A district court has granted a Rule 12 motion for judgment on the pleadings, holding that claims of two patents directed to modifying toolbars of Internet applications are patent-ineligible under the Alice test and 35 US… Read More

Written Description Required to Claim Priority from a PCT

The Federal Circuit has clarified what written description is sufficient for a PCT application to qualify as a priority document for a U.S. Patent application. In Hologic, Inc. v. Smith & Nephew, Inc., No. 2017-1389… Read More

Broadest Reasonable Interpretation Has Limits

The United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) recently put the United States Patent Trial and Appeal Board (“the Board”) on notice that the broadest reasonable interpretation… Read More

How Does Aatrix Software Change Patent-Eligibility Analysis?

Here is a sign that the Federal Circuit’s recent decision in Aatrix Software, Inc. v. Green Shades Software, Inc. (Feb. 14, 2018), may affect district court procedures in deciding motions (especially at the pleadings s… Read More

Examiner’s Redundancy Rationale was Insufficient to Support Obviousness Rejection

The ex parte Appellant successfully argued that, since the primary reference already taught fastening an element with screws, the Examiner failed to adequately show that one would have also fastened the element with a sp… Read More

Are the Fed. Circuit’s Rule 36 Judgments Always a Bad Thing?

The Federal Circuit has been widely criticized for the practice, under its Rule 36, of affirming lower court and USPTO PTAB decisions without any opinion.  This post highlights two recent Rule 36 affirmances of holdings… Read More

Terminal Disclaimer to “Expedite” Patent Prosecution?

A District Court committed error, says a Federal Circuit panel, “by presuming that terminally disclaimed continuation patents are patentably indistinct variations of their parent patents without analyzing the scope of… Read More

Will Berkheimer Chill Alice-Based Rule Motions to Dismiss?

A district court faced with a defendant’s motion to dismiss has ordered supplemental briefing because “Berkheimer v. HP, Inc. (Fed. Cir. Feb. 8, 2018)] may impact the analysis to be applied at the motion to dismiss s… Read More

Fact Disputes Don’t Prevent Patent-Ineligibility Finding

In affirming a district court’s grant of summary judgment of patent-ineligibility under 35 U.S.C. § 101, a Federal Circuit panel provided some reassurance to those who were unsettled by the court’s recent dicta in … Read More

Providing Haptic Feedback Patent-eligible or Abstract Idea?

Claims from two out of three patents for providing haptic feedback to computer users survived a motion to dismiss based on a patent eligibility challenge under the Mayo/Alice test and 35 U.S.C. § 101. Considering their… Read More

Upcoming Webinar

Divided Infringement
May 17, 2018 at 12:00 pm EDT
Divided infringement is the silent patent killer. It renders otherwise valid patents unenforceable. During the May B2 IP Webinar, Stephen Kontos of Bejin Bieneman will discuss the case law on divided infringement and propose best practices for patent…Register

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