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The Games PTO Plays: Exelexis and Patent Term Adjustment
Younger patent attorneys and many clients are not aware that the period during which a patent remains in force (the patent term) was at one time 17 years from the date of issue rather than 20 years...
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USPTO Final Rule Changes Need for Statement about Transition Applications
On February 14, the U.S. Patent and Trademarks Office (USPTO) announced its final rules implementing the first-inventor-to-file (FITF) provisions of the AIA, scheduled to go into effect on March 16,...
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USPTO Receives Huge Increase in Patent Application Filings Prior to AIA FITF...
On March 16, 2013, the first-inventor-to-file provisions of the America Invents Act (AIA) went into effect. The USPTO and many patent professionals predicted that there would be a huge influx of new...
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Five Reasons to File a US Patent Application as Soon as Possible, after March...
On March 16, 2013, a fundamental change to United States patent law occurred. The America Invents Act (AIA) first-inventor-to-file (FITF) provisions went into effect. Since that date, any new patent...
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Baseball Bats, Chocolate Chip Cookies, and Warp Drives: the Supreme Court...
On Monday, April 15, 2013, the United States Supreme Court heard oral argument in Association of Molecular Pathology vs. Myriad Genetics. As has been amply discussed, this case involves the patent...
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Federal Circuit is “Irretrievably Fractured” over System Claims: “CLS Bank v....
In CLS Bank Int’l v. Alice Corp. PTY. LTD (2013 WL 1920941 (C.A.Fed.(Dist.Col))), the Federal Circuit has arguably provided the first substantive guidance on the patentability of software patents with...
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CLS Bank v. Alice Corp.: a New Hermeneutic of Suspicion
CLS Bank Int’l v. Alice Corp.PTY, (2013 WL 1020941 (C.A.Fed.)(Dist.Col))), a per curiam opinion of the Federal Circuit, conflates method, system, and media claims in rejecting all of them under 35 USC...
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Alice Corp. v. CLS Bank Intl: the Supreme Court supports a “New Hermeneutic...
Alice Corp. v. CLS Bank Intl (573 U.S. ___ (2014)) held that Petitioner’s method, computer readable media, and system claims are drawn to a patent-ineligible abstract idea. Here, I focus not on the...
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Covered Business Method Patent Held Invalid under 35 USC 101 and Alice.
The Patent Trial and Appeal Board (PTAB) has issued a Final Written Decision of the invalidity of an Internet-related patent under the subject matter restrictions of 35 U.S.C. 101. In Bank of America,...
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Federal Circuit Holds Medical Diagnostics Patent Invalid under 35 USC 101.
The Federal Circuit, in a three-judge panel, recently decided a medical diagnostics patent case that has an unusual concurrence written by one of the three judges, Judge Linn. In Ariosa Diagnostics,...
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