PCT and USPTO Fee Increase – October 1 and 2, 2020

September 28, 2020

PCT and USPTO fees are scheduled to increase on October 1 and October 2, 2020, respectively. In view of the fee increases, applicants may wish to file new applications, file post-grant requests, and/or submit documents in existing applications that require any fee payment, prior to October 1, 2020 (for new PCT applications) or October 2,… Read more »

Preparation, Diagnostics, Treatment… and Eligibility

March 30, 2020

In a recent subject matter eligibility case, the Federal Circuit reversed a district court decision finding that claims covering prenatal DNA testing were patent-ineligible. The Sequenom patents at issue, U.S. 9,580,751 (“the ‘751 patent”) and U.S. 9,738,931 (“the ‘931 patent”), are directed to a method for preparing a DNA fraction from a pregnant human female… Read more »

Effect of Numbering Convention in Claim Construction

March 09, 2020

In Ironworks Patents LLC v. Samsung Electronics. Co.1, the Federal Circuit vacated and remanded the district court’s judgment of noninfringement of claims of U.S. Patent No. 6,427,078 (“the ‘078 patent”) because the district court erred in its construction of the term “camera unit.” While this opinion is nonprecedential, it provides useful insight as to how the… Read more »

Aesthetically Useful, and Patent Eligible

May 08, 2017

Over the past seven years, the Supreme Court decisions in Mayo1, Myriad2 and Alice3, and their impact on patent eligible subject matter, have dominated the intellectual property landscape for both patent practitioners and litigators. Former Chief Judge Michel even recently discussed the significant (and many consider, negative) impact that these decisions have had patents and innovation4. Technologies ranging from… Read more »

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