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BSG Tech LLC v. BuySeasons, Inc., No. 2017-1980 (Fed. Cir. Aug. 15, 2018)
  • Winston & Strawn LLP
  • USA
  • October 5 2018

The patentee sued for infringement of several patents claiming a “self-evolving generic index” for organizing information stored in a database. The

Q2 in Review: Courts Grapple with Foreign Damages and Patent Eligibility as Plaintiff-Centric Trends Continue
  • RPX Corp
  • USA
  • July 10 2018

The patent ecosystem continued to show signs of a shift back in favor of patent owners in the second quarter, as some of the plaintiff-centric trends

USPTO issues new 101 guidance - moving on from Mayo
  • Boult Wade Tennant LLP
  • USA
  • June 27 2018

The USPTO has recently published a memo for its Examiners following the Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v West-Ward

The Printed Matter Doctrine - Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd.
  • Haynes and Boone LLP
  • USA
  • May 23 2018

In Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd., 2016-2616, -2656 (Fed. Cir. May 16, 2018), in a decision authored by Judge Lourie, the

USPTO Issues New Alice Guidance
  • Buchanan Ingersoll & Rooney PC
  • USA
  • April 26 2018

On April 19, 2018, the United States Patent and Trademark Office (USPTO) issued a Memorandum (Subject Matter Eligibility Memo) providing additional

USPTO Issues Memorandum and Publishes Fed Reg Notice for Comment Regarding 101 Eligibility
  • Oblon
  • USA
  • April 23 2018

On April 20, 2018, the USPTO published ( in the Federal Register a “Request for

Rising Temperatures - Federal Circuit Warming to Patent Eligibility of Medical Diagnostics
  • Dilworth IP
  • USA
  • April 18 2018

For the first time since the Mayo Supreme Court decision of 2012, the Court of Appeals for the Federal Circuit (CAFC) in Exergen vs Kaz has ruled in

Our Attention is Now Directed To: “Directed To”
  • Fenwick & West LLP
  • USA
  • April 18 2018

My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”or W-URCfrom the subject matter eligibility test

Federal Circuit identifies circumstances militating against early or summary Section 101 determinations
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • March 19 2018

A number of district court decisions have held patent claims to be ineligible under Section 101 during motions brought at the start of litigation or

The Federal Circuit Disagrees Over How to Analyze Patent Eligibility
  • K&L Gates
  • USA
  • March 19 2018

On March 8, 2018, the Court of Appeals for the Federal Circuit, in Exergen Corp. v. Kaz USA, Inc., held that patent claims involving body temperature