Patent Law Weblog
recent posts
- Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s Certiorari Petition
- CNIPA Implements Inventor ID Requirement
- Ethanol Boosting Systems, LLC v. Ford Motor Co. (Fed. Cir. 2025)
- Judge Newman’s Petition for Rehearing En Banc Denied
- USPTO Announces Issuance of One Millionth Electronic Patent
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Month: December 2018
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By Michael Borella — Opening scene . . . our intrepid patent attorney arrives early at her office for a productive day at work. With morning coffee sitting next to her monitor, she opens her email. She finds a few messages from clients and colleagues, as well as a new office action from the USPTO. Curious,…
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By David Boundy* — Last week, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board issued a request for briefing in Proppant Express Investments, LLC v. Oren Technologies, LLC, IPR2018-00914, paper no. 24 (PTAB Dec. 3, 2018) (see Revised Order). Proppant initiates a rulemaking to formulate new rules on joinder of parties and claims in PTAB…
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December 18, 2018 – "Navigating the USPTO Examiner Count System and Other USPTO Programs" (Strafford) – 1:00 to 2:30 pm (EST) December 20, 2018 – "Antibody Patenting After Amgen v. Sandoz: U.S. and European Perspectives — Meeting Written Description and Obviousness Requirements" (Strafford) – 1:00 to 2:30 pm (EST) January 8, 2019 – "New EU…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "Top Patent Law Stories of 2018" on January 16, 2019 from 10:00 am to 11:15 am (CT). Since 2007, the Patent Docs weblog has presented an annual, end-of-the-year review of the top stories in patent law. In this presentation, Patent Docs co-authors Donald Zuhn, Kevin…
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Strafford will be offering a webinar entitled "Maximizing Patent Prosecution Opportunities in Europe: Tactics for Counsel When Drafting U.S.-Origin Applications — Navigating Differing USPTO and EPO Legal Standards While Maintaining U.S. Patent Strategy" on January 10, 2019 from 1:00 to 2:30 pm (EST). Rebecca M. McNeill of McNeill Baur and Jens Viktor Nørgaard of HØIBERG…
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Strafford will be offering a webinar entitled "New EU Guidelines for Patenting AI and Machine Learning Technologies: Comparison With U.S. Approach — Navigating EPO and USPTO Rules to Maximize Patent Protection" on January 8, 2019 from 1:00 to 2:30 pm (EST). Aliza G. Carrano and Susan Y. Tull of Finnegan Henderson Farabow Garrett & Dunner…
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By Brittany Knight* and Anthony Sabatelli** — Software is a generic term to refer to a collection of data or executing code used by a computer to implement arithmetic operations or logical operations. Back in 1936, Allen Turing, in his landmark paper On Computable Numbers proposed the capable use of instructions (i.e., software) to execute…
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By Donald Zuhn — Today, in In re Tropp, the Federal Circuit vacated and remanded a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board affirming the Examiner's rejection of claims 29-53 of U.S. Application No. 13/412,233 for lack of sufficient written description under 35 U.S.C. § 112. In vacating the…
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By Kevin E. Noonan — On Friday, December 7th, the Federal Circuit handed down two opinions concerning the proper application of the judicially created doctrine of obviousness-type double patenting (OTDP). The first, Novartis AG v. Ezra Ventures LLC (Fed. Cir. 2018), set forth the narrow, albeit important, holding that a terminal disclaimer, or loss of…
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By Michael Borella — We wrote about this case six months ago, regarding InvestPic's appeal to the Federal Circuit over having its patent invalided under 35 U.S.C. § 101 in the Northern District of Texas. InvestPic did not get the outcome it was looking for. Here, the case is back in the District Court to consider…
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