Patent Law Weblog
recent posts
- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Category: Patent Trial and Appeal Board
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By James Korenchan — Navigating the post-Alice patent-eligibility landscape with graphical user interface (GUI) claims can be trying, particularly when fighting to maintain desirable breadth. As with all software-related claims, limitations must raise GUI claims (and other types of UI claims, for that matter) beyond fundamental designs and implementations, root the invention in computer technology,…
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By Donald Zuhn — In a decision issued in May, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office reversed the final rejection of claims 35-48 in U.S. Application No. 13/512,585. The claims at issue had been rejected by the Examiner under 35 U.S.C. § 103(a) as being unpatentable over U.S.…
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By Michael Borella — Earlier this month, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) changed a number of decisions to "informative" status. An informative decision reflects "the Board's general consensus on recurring issues and guidance to examiners, appellants, patent owners, or petitioners in areas where parties routinely misapply…
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Claims for Managing and Delivering Targeted Advertising Data Found Invalid under Covered Business Method (CBM) Patent Review By James Korenchan — On June 11, 2018, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Dish Network Corp./LLC (collectively,…
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PTAB Affirms Patent Eligibility of Claims for Training a Spoken Language Understanding Classifier By James Korenchan — In a decision issued earlier this month, the U.S. Patent and Trademark Office Patent Trial and Appeal Board reversed the final rejection of all twenty pending claims in U.S. Application No. 14/846,486, for which the real party in…
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By Michael Borella — The Patent Trial and Appeal Broad (PTAB) of the U.S. Patent and Trademark Office has often been criticized for being particularly harsh when reviewing appeals of claims rejected by an examiner of grounds of patent-ineligibly under 35 U.S.C. § 101. According to some sources, examiners are affirmed about 80-86% of the time…
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By James Korenchan — At the U.S. Chamber of Commerce Patent Policy Conference last month, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu (at right) gave a keynote address on the role of U.S. patent policy in domestic innovation and the potential impacts on investment towards the advancement of science and technology. The primary…
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By Andrew Williams — The U.S. Patent and Trademark Office appears to have taken the position that neither party has the burden of persuasion with regard to Motions to Amend after the Aqua Products v. Matal en banc decision (see "Motions to Amend at the PTAB — Does Anyone Have the Burden (And Will That…
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By Jim Lovsin — Under the America Invents Act, the Patent Trial and Appeal Board has been busy handling inter partes review (IPR), covered business method review (CBM), and post-grant review (PGR) proceedings. Petitioners have filed thousands of petitions (nearly all for IPRs), the Board has instituted thousands of trials, and the Board has rendered…
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PTAB Affirms Patent Eligibility of Virtual Reality Advertising Claims By James Korenchan — In a decision issued last month, the Patent Trial and Appeal Board reversed the final rejection of all the pending claims in U.S. Application No. 12/628,383. The claims at issue are directed to evaluating an effectiveness of an advertisement in a virtual…
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