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Whitmyer IP Group LLC | USA | 29 Apr 2020

The Patent Eligibility Fix Is Coming: Now Is The Time To Get Essential Protection On Software Inventions

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…
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Fenwick & West LLP | USA | 26 Mar 2019

No Shortage of Viewpoints on New USPTO Patent Eligibility Guidelines

In January, the USPTO announced it would seek comments on the new Guidance it had published on Patent Subject Matter Eligibility. We have previously…
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Mintz | USA | 29 Oct 2018

“A New Day” for Amending Claims in Post-Grant Proceedings

U.S. Patent and Trademark Office Director, Andrei Iancu, recently gave a speech to the American Intellectual Property Law Association where he…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 25 Oct 2018

Error 101: Director Iancu Wants to Clarify Patentable Subject Matter

On September 24, 2018, USPTO Director Andrei Iancu told the Intellectual Property Owners Association (IPO) that examiners, applicants, patent owners…
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RPX Corp | USA | 9 Oct 2018

Q3 in Review: PTAB Remains in the Spotlight as Private Equity Assumes Greater Role in Patent Assertion

The third quarter of 2018 saw the resolution of some lingering uncertainties from Q2, as judicial rulings and proposed reforms set the stage for…
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Marshall Gerstein & Borun LLP | USA | 25 Sep 2018

Attorneys’ Fees Not Awardable Expenses in Section 145 Actions

In NantKwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. Jul. 27, 2018) (en banc), the Federal Circuit decided en banc that attorneys’ fees are not…
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Banner Witcoff | USA | 30 Aug 2018

Does Secret Prior Art Survive in the AIA? Twelve Interested Parties Weigh In

In May, a panel of the U.S. Court of Appeals for the Federal Circuit applied an on-sale bar under the America Invents Act (AIA) to Helsinn's U.S…
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Fenwick & West LLP | USA | 28 Aug 2018

JTEKT v GKN: Lacking Standing, Competitor Cannot Appeal PTAB IPR Ruling

The Federal Circuit further restricted a petitioner’s ability to appeal a decision by the Patent and Trademark Appeal Board upholding the validity of…
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Rothwell, Figg, Ernst & Manbeck, PC | USA | 23 Jul 2018

USPTO Incentive Policies Influence Patentability Decisions

U.S. Patent and Trademark Office human resource policies influence patentability decisions, potentially increasing the rate at which examiners issue…
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Wilmer Cutler Pickering Hale and Dorr LLP | USA | 5 Dec 2017

Can Juries Decide Patent Eligibility Under 35 U.S.C. 101?

No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. 101. After not having decided a 101 case…
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