Claims of infringement under the doctrine of equivalents routinely accompany literal infringement claims in patent infringement litigation. Likewise, patent prosecutors typically try to avoid narrowing the scope of equivalents during prosecution of a patent application. But, a pair of recent decisions from the Federal Circuit may keep some wondering why all of the fuss. Under … Continue reading Future Trends on the Doctrine of Equivalents?
In Cleveland Clinic Foundation v. True Health Diagnostics LLC (nonprecedential), the Federal Circuit affirmed the district court’s order granting defendant’s Rule 12(b)(6) motion to dismiss because the asserted patent claims are invalid under Section 101. The two asserted patents issued from applications that claimed priority to a patent that the Federal Circuit had found invalid … Continue reading USPTO Subject Matter Eligibility Guidance Does Not Carry the Day in Court
In today’s post-Alice landscape, patent practitioners have developed a gut-feeling about patent eligibility that helps them in various aspects of daily life: advising clients regarding asserted patents, developing office action responses, probing questions in invention disclosure meetings, and drafting effective patent applications, to name a few. If an inventor came to me and said their … Continue reading A Good Reminder that Electrical Claims and Specifications Should Focus on the How, not Just the What
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
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?
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Federal Circuit Weekly blog in March of 2018, Michael Best IP attorney A.J. Bianchi wrote: The Federal Circuit issued a non-precedential decision delineating between patent-eligible and patent-ineligible improvements in technology related to taking a person’s temperature using a computerized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
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
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
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