Features
Maia H. Harris
&
Emma C. Mann
On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
Columns & Departments
Matthew Weiss
Federal Circuit: Affirms Preliminary Injunction on Cancer Assays
Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation
Features
Catherine Nyarady
&
Crystal Parker
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
Features
Steve Salkin
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Columns & Departments
Jeff Ginsberg
&
Zhiqiang Liu
Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents
Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding
Features
Mikaela Stone
The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.
Columns & Departments
Jeffrey S. Ginsberg
&
Kaiying Wang
Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising
Federal Circuit Clarifies the Result-Effective Variable Doctrine
Features
Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls" — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.
Features
Jim Soong
Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.
Features
Mark Liang, Paige Hardy
&
Grace McFee
Part Two of a Two-Part article
While the last decade has seen a dramatic increase in the number of AI patents, such patents face difficulty in overcoming the patent-eligibility challenges under §101 and Alice. Section 101, however, is not the only hurdles AI patents must overcome. Section 112, with its written description, enablement, and definiteness requirements, presents additional obstacles.
