Last week, CPIP Senior Scholar Adam Mossoff and I filed an amicus brief on behalf of 15 law professors, including CPIP’s Devlin Hartline, Chris Holman, Sean O’Connor, Kristen Osenga, and Mark Schultz. We urge the Supreme Court to grant certiorari in TDE Petroleum v. Read more
Tag: Supreme Court
Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees
By Andrew Baluch[1] & Devlin Hartline
President Donald Trump will soon announce his nominee to fill the vacancy left at the Supreme Court by late Associate Justice Antonin Scalia. On September 23, 2016, the Trump campaign revealed that there are twenty-one candidates under consideration for the nomination. Read more
Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines
An oil well drilling rig is not an abstract idea. A method of operating an oil well drilling rig is also not an abstract idea. This proposition should be clear to all, but in TDE Petroleum Data Solutions v AKM Enterprise, the Federal Circuit held that a method of operating an oil well drilling rig is directed to the abstract idea of “storing data, receiving data, and using mathematics or a computer to organize that data and generate additional information.” Read more
Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung
In Apple v. Samsung, the Supreme Court is presented with a classic issue of statutory interpretation in the case that has come to exemplify the Smart Phone Wars. In one of the many lawsuits brought by Apple against Samsung after Samsung rejected Apple’s offer to license its patents, a jury found Samsung liable for infringing Apple’s design patents on the iPhone. Read more
Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible
In Tuesday’s McRO v. Bandai decision, the Federal Circuit has once again reversed a district court’s determination that a computer-implemented invention (aka “software patent”) was not patent eligible under Section 101 of the Patent Act. This continues the Federal Circuit’s recent trend of clarifying the Supreme Court’s two-step patent-eligibility test under Mayo and Alice. Read more
Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue
Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine
By Adam Mossoff and Kevin Madigan
Following the Supreme Court’s four decisions on patent eligibility for inventions under § 101 of the Patent Act, there has been much disruption and uncertainty in the patent system. The patent bar and most stakeholders in the innovation industries have found the Supreme Court’s decisions in Alice Corp. Read more
Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance
The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission.
By Robert R. Sachs
In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). Read more
#AliceStorm In June: A Deeper Dive into Court Trends, and New Data On Alice inside the USPTO
The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission.
By Robert R. Sachs
The most important thing that happened in June was not the invalidation of yet another pile of patents, but the rather more consequential decision of the Supreme Court to recognize the right of same-sex couples to marry. Read more
The One Year Anniversary: The Aftermath of #AliceStorm
The following post, by Robert R. Sachs, first appeared on the Bilski Blog, and it is reposted here with permission.
It’s been one year since the Supreme Court’s decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to “tread carefully” before invalidating patents, and emphasizing that the primary concern was to avoid preemption of “fundamental building blocks” of human ingenuity. Read more