In a recent case, the Federal Circuit reversed the USPTO Patent Trial and Appeal Board (PTAB) decision finding certain method claims obvious, because the evidence did not support the PTAB’s finding that a person of ordinary skill in the art would have had a reasonable expectation of success. Notably, the court instead found the prior […]
Finally, a few diagnostic method claims have been found patent eligible. This is not a Court decision, but rather a decision reached by the Patent Trial and Appeal Board (PTAB). The claims under the PTAB were:
The United States Patent and Trademark Office (USPTO) has proposed to modify the fees associated with all aspects of patent filing and maintenance. The proposal includes an increase — by about 25% — of the petition fees and institution fees for all post-grant proceedings. Post-Grant Proceeding Fee Increases The total fees due will bring the […]
In a recent case, Droplets, Inc. v. E*Trade Bank, the Federal Circuit agreed with the United States Patent and Trademark Office (USPTO) and with the Patent Trial and Appeal Board (PTAB) that a patent belonging to Droplets, Inc. was invalid because of a defective priority claim. In so holding, the Court affirmed that a priority […]
In a recent decision, In re Bhagat, the Federal Circuit upheld that certain lipid compositions were non-patentable under 35 USC § 101. The following was the broadest claim under review by the Court:
On July 8, 2015, the Federal Court denied en banc a review of a holding that the decision of the Patent Trial and Appeal Board (PTAB) to institute an inter partes review is final and cannot be appealed. In re Cuozzo Speed Technologies LLC. However, in a case that was decided the very next day, […]