Many of us have said, “Bacon makes everything better.” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon.Continue Reading Alleged Co-Inventor Not Bringing Home the Bacon This Time
The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023) 2023 U.S. App. LEXIS 19857.
Realtime owned several patents covering systems and methods for digital data compression. In 2017 and 2018, Realtime sued a number of entities in the District of Delaware for infringement of five of its patents. The defendants moved to dismiss Realtime’s complaints on the grounds that the claims in the patents were directed to patent-ineligible subject matter under 35 U.S.C. section 101. In 2019, the district court granted the defendant’s motion and held that all of the claims in the five patents were invalid.Continue Reading Federal Circuit Continues to Strike Down Patents as Abstract Ideas
Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.Continue Reading The Briefing: Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions
The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing.Continue Reading The Briefing: A Prototypical Corporate Salesperson is Not Patentable
On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act. Those proceedings include inter partes review and post grant review. This change follows two years of an interim process and public comment period.Continue Reading PTO Allows Another Bite at the Apple