The Court of Appeals for the Federal Circuit held that when patent owner in February and March 2003, performed furnace tube inspection services similar to the later-issued method patent, on Norco’s furnace in exchange for $72,060, more than one year before the patent application … [Read more...] about Offer to Sell Services, for Compensation, More Than One Year Before Patent Filed, Invalidates Patent
Government Entities Cannot Initiate Inter Parties Patent Proceedings to Invalidate Patents
U.S. Supreme Court Clarifies Scope of Who Can Bring an IPR The U.S. Supreme Court has ruled that because portions of the Patent Act refer to “persons” who may initiate Inter Parties Patent Proceedings seeking to invalidate an issued patent, government entities, such as the … [Read more...] about Government Entities Cannot Initiate Inter Parties Patent Proceedings to Invalidate Patents
Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
The Court of Appeals for the Federal Circuit vacated and remanded the lower court decision for a new trial on indirect infringement, compensatory damages, willful infringement, enhanced damages, and attorney's fees, and affirmed no invalidity, and reversed in part direct … [Read more...] about Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
Congressional Leaders Release a Bipartisan, Bicameral Draft Bill on Patent Eligible Subject Matter, Section 101 of the Patent Act.
U.S. Congressional leaders Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Collins (R-GA), Ranking Member of the House Judiciary Committee, Representative Hank Johnson … [Read more...] about Congressional Leaders Release a Bipartisan, Bicameral Draft Bill on Patent Eligible Subject Matter, Section 101 of the Patent Act.
Graphical User Interface (GUI) Patent Does Not Define Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit ruled that the claimed method requiring “displaying” a plurality of bid and offer indicators along a “scaled axis of prices,” “receiving market information,” displaying that information along the axis, and “displaying” information … [Read more...] about Graphical User Interface (GUI) Patent Does Not Define Patent Eligible Subject Matter
No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
The Court of Appeals for the Federal Circuit affirmed a district court’s ruling denying attorneys fees under Section 285 of the Patent Act, 35 U.S.C. sec. 285, when the lower court construed the critical patent term at summary judgment and then held the accused device did not … [Read more...] about No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
Even if the patent specification discloses a single embodiment, the features or functions of that embodiment should not be read into the claims by a court’s claim construction because the purpose of the specification is to teach and enable those of skill in the art to make and … [Read more...] about A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
Supreme Courts holds AIA does not alter meaning of on-sale bar
The U.S. Supreme Court held the America Invents Act (AIA) did not alter the meaning of the on-sale bar. The reenactment of the phrase “on sale” in the AIA did not alter the original meaning. A commercial sale to a third person who is required to keep the invention confidential … [Read more...] about Supreme Courts holds AIA does not alter meaning of on-sale bar
Self-evolving Generic Database Index Using Historical Usage Information Not Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit upheld a district court decision finding that certain patent claims were not patent-eligible under 35 U.S.C. § 101 and Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355 (2014). The patent related to a “self-evolving generic index” … [Read more...] about Self-evolving Generic Database Index Using Historical Usage Information Not Patent Eligible Subject Matter
Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
The Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“Board”) rejection of Maatia’s design of an athletic shoe bottom. The Federal Circuit said “the level of detail required should be a function of whether the claimed design for the article … [Read more...] about Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
