In the case of In Re: SINY Corp., 2018-1077 (Fed. Cir. 2019) (full opinion available here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision that a Webpage Specimen must do more than merely advertise to be an acceptable display associated with the … [Read more...] about Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
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
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
Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a district court decision and found that certain patent claims were directed to patent-eligible subject matter. “The[] claims are not abstract, but rather are directed to a specific improved method for navigating through … [Read more...] about Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
The Court of Appeals for the Federal Circuit reversed a finding by the Patent Trial and Appeals Board (“Board”), holding that the evidence supported a finding that petitioner-challenger Gopro’s catalog was publicly distributed at a trade show prior to the critical date of the … [Read more...] about Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
Inventor Owns Patent Unless Written Assignment Expressly Conveys Future Rights
The Court of appeals for the Federal Circuit has ruled that (a) determination as an inventor is a federal court matter and (b) with respect to future patent rights, the inventor must sign an automatic-assignment that is a "contract [that] expressly conveys rights in future … [Read more...] about Inventor Owns Patent Unless Written Assignment Expressly Conveys Future Rights
Factual Disputes Cloud Early Dismissal of Software Patent – Ineligible Subject Matter Section 101
The Court of Appeals for the Federal Circuit (the “Federal Circuit”) denied rehearing en banc Aatrix Software Inc. v. Green Shades Software Inc., Case No. 2017-1452 (Fed. Cir. May 31, 2018)(reh. en banc denied) (Available Here) and issued two concurring opinions and a dissent by … [Read more...] about Factual Disputes Cloud Early Dismissal of Software Patent – Ineligible Subject Matter Section 101
Methods of Verifying Email With Barcodes or QR Codes Are Patent Ineligible Subject Matter
The Court of Appeals for the Federal Circuit confirmed a district court’s determination (on a motion to dismiss) that several patented methods of verifying email and reduce potential hacking events were abstract ideas and, since the patent claims contained no additional elements … [Read more...] about Methods of Verifying Email With Barcodes or QR Codes Are Patent Ineligible Subject Matter
Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
The Court of Appeals for the Federal Circuit (a) overruled the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) finding that the use of inherency in the context of obviousness must be carefully circumscribed because that which may be inherent is not … [Read more...] about Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
