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Federal Circuit Affirms Dismissal of Patent Claims Failing Alice Two-Step Test

• 04.15.2023

Hawk Technology Systems, LLC sued Castle Retail, LLC for patent infringement based on Castle Retail’s use of security surveillance video operations in its grocery stores. Hawk Tech. Sys., LLC v. Castle Retail, LLC, Case No. 22-1222 (Fed. Cir. Feb. 17, 2023) (Reyna, Hughes, Cunningham, JJ.) […]

USPTO Launches CI2 First-Time Filer Expedited Examination Pilot Program

• 03.08.2023

The U.S. Patent and Trademark Office (USPTO) has introduced a new initiative called the Council for Inclusive Innovation (CI2) First-Time Filer Expedited Examination Pilot Program. The program aims to promote innovation across communities in America by providing expedited initial feedback on patent applications filed by […]

Going Green: USPTO Embraces Electronic Patent Grants to Save Paper and Costs

• 03.04.2023

Starting April 18, 2023, the U.S. Patent and Trademark Office (USPTO) will start giving out electronic patent grants that save paper instead of printed ones. They will still give a paper copy for a little while and then you can buy it for a small […]

Navigating Uncharted Waters: Evaluating Patentability in Multiple Dependent Claims

• 02.24.2023

Nested Bean, Inc. (“Petitioner”) filed a Petition (Paper 1, “Pet.”) requesting inter partes review of claims 1-18 of U.S. Patent No. 9,179,711 B2 (Ex. 1001, “the ‘711 patent”). Claims 1 and 2 of the ‘711 patent are independent, and claims 3-16 are multiple dependent claims […]

IBM Sues Home Search Giant Zillow for Patent Infringement

• 02.21.2023

IBM’s Patent Battle with Zillow: Mapping Out the Limits of Eligible Subject Matter

• 02.17.2023

Executive Summary IBM owns a patent (“‘789 patent”) for a method of selecting an area on a map by drawing a shape and limiting the displayed information to the selected area of the map. IBM also owns a patent (“‘389 patent”) for methods of displaying […]

Inventors Under the Patent Act

• 02.06.2023

In Thaler v. United States Patent and Trademark Office, the Federal Circuit affirmed the lower court’s ruling that the Patent Act requires an “inventor” to be a natural person. The sole issue on appeal was whether an AI software system can be an inventor under […]

Unlock the Power of Your Intellectual Property with the USPTO’s New IP Identifier Tool

• 01.26.2023

The United States Patent and Trademark Office (USPTO) recently announced the launch of its new Intellectual Property (IP) Identifier tool. This virtual resource is designed to help those who are less familiar with IP to identify whether they have IP and the IP protections they […]

Common Law Collateral Estoppel Applies to Board’s decisions

• 03.08.2021

In SYNQOR, INC., v. VICOR CORPORATION, No. 19-1704 (Feb. 22, 2021), the Court held that common law collateral estoppel, also know as issue preclusion, applies to Board’s decisions in inter partes reexaminations. The ‘190 patent issued July 4, 2006, with a family of patents that […]

The Sole Test for Anticipation in Design Patents is the “Ordinary Observer Test”

• 02.25.2021

In MOJAVE DESERT HOLDINGS, LLC, v. CROCS, INC., No. 20-1167 (Feb. 18, 2021), the Court upheld the Board’s finding that the prior art reference failing to show key surfaces in the asserted design patent cannot anticipate it. Crocs owned U.S. Patent No. D517,789 (the ‘798 […]