Even Konami Code Couldn’t Rescue Its Slot-machine Game-related Patents from being Invalidated under Alice

If you’re a child of the 80’s, the name Konami likely takes you back to sitting in front of a tube TV playing some Konami-created game on your Nintendo Entertainment System. For me, my two favorite Konami games were undoubtedly Contra and Gradius. Then, there was the “Konami code” (↑↑↓↓←→←→BA) entered quickly at the beginning … Continue reading Even Konami Code Couldn’t Rescue Its Slot-machine Game-related Patents from being Invalidated under Alice

Keeping It Secret: Protecting Your Invention For Foreign Patenting

You’ve got it: the million dollar idea. You figured out how it works. You know that no one has ever done anything like this before and that your discovery is revolutionary. What do you do now? For many people, the answer to that question isn’t “immediately file a patent application with the United States Patent … Continue reading Keeping It Secret: Protecting Your Invention For Foreign Patenting

Introducing Best Patent Blog

We are very excited to announce the launch of our new Best Patent Blog! This blog will provide the “Best” updates and timely information on legal developments and issues related to patents – from prosecution to commercialization to litigation. Our authors will offer expert insights, guidance, and analyses to help individuals and businesses navigate the … Continue reading Introducing Best Patent Blog

Walker Process Antitrust Case: The Ball is in Whose Court?

In a recent game of jurisdictional tennis, the Fifth Circuit returned a case involving a Walker Process claim, sending it back to the Federal Circuit. Xitronix Corp. v. KLA-Tencor Corp., No. 18-50114 (Feb. 15, 2019). In Xitronix, the plaintiff alleged that the defendant was enforcing a fraudulently obtained patent for anti-competitive behavior in a violation … Continue reading Walker Process Antitrust Case: The Ball is in Whose Court?

USPTO Issues New Guidance on Subject Matter Eligibility

Previously featured on Michael Best’s Software and Section 101 blog on January 29, 2019, Michael Best IP attorney Greg Helding wrote: In 2014, the Supreme Court’s Alice took computer-implemented inventions down the rabbit hole. Since then, lower courts, the USPTO, practitioners, and applicants all have struggled to come to consensus on what constitutes an abstract idea, and … Continue reading USPTO Issues New Guidance on Subject Matter Eligibility

Eyes on Alice: In a 2-1 Decision Federal Circuit Finds Patent for Detecting Body Temperature at the Forehead Patent-Eligible Subject Matter

Previously featured on Michael Best’s Federal Circuit Weekly blog in March of 2018, Michael Best IP attorney A.J. Bianchi wrote: The Federal Circuit issued a non-precedential decision delineating between patent-eligible and patent-ineligible improvements in technology related to taking a person’s temperature using a computerized thermometer. On March 8, 2018, the Federal Circuit affirmed that U.S. Patent Nos. … Continue reading Eyes on Alice: In a 2-1 Decision Federal Circuit Finds Patent for Detecting Body Temperature at the Forehead Patent-Eligible Subject Matter

Eyes on Alice: Federal Circuit Weighs Patent Eligibility of Patent Claims Concerning the Digital Processing and Archiving of Files in a Digital Asset Management System

Previously featured on Michael Best’s Federal Circuit Weekly blog in February of 2018, Michael Best IP attorney A.J. Bianchi wrote: The Federal Circuit issued another precedential decision adding to its line of cases delineating between patent-eligible and patent-ineligible improvements in computer-related technology. On February 8, 2018, the Federal Circuit affirmed that U.S. Patent No. 7,447,713 … Continue reading Eyes on Alice: Federal Circuit Weighs Patent Eligibility of Patent Claims Concerning the Digital Processing and Archiving of Files in a Digital Asset Management System

Eyes on Alice: Federal Circuit Concludes that Factual Allegations in Complaint Preclude Dismissal on Patent Eligibility Grounds

Previously featured on Michael Best’s Federal Circuit Weekly blog in February of 2018, Michael Best IP attorney Ken Albridge wrote: On February 14, 2018, the Federal Circuit issued a precedential decision providing important guidance regarding the circumstances under which dismissal on patent eligibility grounds is appropriate at the pleadings stage. In Aatrix Software, Inc. v. Green … Continue reading Eyes on Alice: Federal Circuit Concludes that Factual Allegations in Complaint Preclude Dismissal on Patent Eligibility Grounds

Federal Circuit and USPTO Turn Corner on Software Patent Eligibility

Previously featured on Michael Best’s Software and Section 101 blog in June of 2016, Michael Best IP attorney Greg Helding wrote: In May 2016, the U.S. Court of Appeals for the Federal Circuit decided Enfish, LLC v. Microsoft Corp and TLI Communications LLC v. A.V. Automotive. These decisions, along with related guidance from the U.S. Patent and Trademark Office (USPTO), may … Continue reading Federal Circuit and USPTO Turn Corner on Software Patent Eligibility

USPTO Announces New Guidance on Post-Alice Subject Matter Eligibility

Previously featured on Michael Best's Software and Section 101 blog in December of 2014, Michael Best IP attorney Greg Helding wrote: "On December 15, 2014, the United States Patent and Trademark Office released its 2014 Interim Guidance on Patent Subject Matter Eligibility. The new guidance supplements the June 24, 2014 Preliminary Examination Instructions that were issued shortly … Continue reading USPTO Announces New Guidance on Post-Alice Subject Matter Eligibility