I have been parsing ex parte PTAB decisions - about 130 k for this post running from 2009 through September 2026 - looking particularly at the eligibility cases. The short version: eligibility is ...
Barron v. United States, Nos. 2025-1179, -1459 (Fed. Cir. Oct. 22, 2026). This is not a patent case, but decisions from the Court of Federal Claims are also appealed to the Federal Circuit -- making ...
Blind AI readers forecast four pending Federal Circuit appeals, including Samsung v. ITC and Taylor Made v. Costco, after a ...
Supreme Court denies VirtaMove without holding it for Tesla, Kahoot!, Intel, or FedEx. Plus new petitions on post-expiration royalties and § 101.
My October 18 post looked at Section 101 in PTAB ex parte appeals. This one looks at the other rejection types, using the same parsed decisions plus a rejection-by-rejection reading of the 35 thousand ...
The “optimization” claims of US8842761 and US10693700 are ineligible under § 101; The “constellation” claims of US11019509 and US11018922 are eligible; The infringement verdict stands (denial of JMOL ...
Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer ...
Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?
Celanese developed an improved process for making the artificial sweetener acesulfame potassium (Ace-K). For several years, Celanese kept its Ace-K manufacturing process a trade secret while selling ...
The Federal Circuit has denied rehearing en banc in Teva v. Eli Lilly, leaving in place Judge Prost’s April decision reinstating Teva’s $177 million jury verdict against Lilly over its migraine drug ...
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Patent law cases often turn on timing. In our first-to-file system, the question often boils down to whether the patent at issue was effectively filed before the competing patent application. This ...
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