Category: Uncategorized

By Michael Borella – Eligibility wins at the Federal Circuit are scarce enough that any decision finding a claim to survive § 101 is worth a read.  Constellation Designs, LLC v. LG Electronics Inc. is worth two reads, because the panel managed to do something more useful than affirm or reverse across the Board.  Confronted…

By Kevin E. Noonan – The measurement of the hydrogen ion concentration in an aqueous solution is represented (on a logarithmic scale) as the pH, wherein water under ambient conditions (a temperature of 25°C) has a neutral pH of 7 and the solution becomes more acidic as the pH value trends towards 1 and more…

By Michael Borella – Applicants who appeal a § 101 rejection to the Patent Trial and Appeal Board (PTAB) face long odds.  Our annual surveys have put the affirmance rate for examiner eligibility rejections at roughly seven out of eight, year after year, and Technology Center 3600 has historically been one of the least hospitable…

By Joshua Rich – When we last encountered the Collison Communications v. Samsung case in the Eastern District of Texas, the U.S. Department of Justice’s Antitrust Division and U.S. Patent and Trademark Office had submitted a “Statement of Interest” on whether a non-practicing entity could obtain a permanent injunction after prevailing in patent infringement litigation.[1]…

By Kevin E. Noonan – The United States recently filed a Statement by the Antitrust Division of the Department of Justice under the provisions of 28 U.S.C. § 517 regarding the “Interests of United States in pending suits” in Corteva Agriscience LLC, Pioneer Hi-Bred International, and Agrigenetics, Inc. v. Inari Agriculture, Inc. and Inari Agriculture…

By Kevin E. Noonan – On April 27, the Supreme Court heard oral argument in Hikma  v. Amarin, with Charles Klein, representing Hikma, Michael Huston representing Amarin, and Malcolm Stewart addressing the Court on behalf of the Government. First, some statistics.  Charles Klein was questioned by the fewest Justices (Justices Thomas, Sotomayor, and Jackson), while…

By Kevin E. Noonan – While the Supreme Court established a rather definitive standard (“reasonable certainty by a person having ordinary skill in the art”) for determining indefiniteness under 35 U.S.C. § 112(b) in Nautilus, Inc. v. Biosig Instruments, Inc., and indefiniteness is a question of law mandating less deference by the Federal Circuit, the…

By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf of neither party (although the latter category is in some instances…

By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf of neither party (although the latter category is in some instances…

By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf of neither party (although the latter category is in some instances…