This is an update to my September post on the Supreme Court's patent docket. The big news is the denial of certiorari in the IPR discretionary denial case of Google LLC v. VirtaMove, Corp., No.
I have been parsing ex parte PTAB decisions - about 130 k for this post running from 2009 through September 2026 - looking particularly at the eligibility cases. The short version: eligibility is ...
Blind AI readers forecast four pending Federal Circuit appeals, including Samsung v. ITC and Taylor Made v. Costco, after a ...
My October 18 post looked at Section 101 in PTAB ex parte appeals. This one looks at the other rejection types, using the same parsed decisions plus a rejection-by-rejection reading of the 35 thousand ...
Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer ...
The Federal Circuit has denied rehearing en banc in Teva v. Eli Lilly, leaving in place Judge Prost’s April decision reinstating Teva’s $177 million jury verdict against Lilly over its migraine drug ...
The "optimization" claims of US8842761 and US10693700 are ineligible under § 101; The "constellation" claims of US11019509 and US11018922 are eligible; The infringement verdict stands (denial of JMOL ...
The Federal Circuit’s en banc decision in EcoFactor v. Google marks a significant tightening of standards for admitting patent damages expert testimony. The court (in an 8–2 split) overturned a $20 ...
In a significant decision with implications for patent litigation practice, the Federal Circuit has vacated both infringement and damages judgments totaling $300 million in Optis Cellular Technology v ...
The Supreme Court has called for a response in Agilent Technologies, Inc. v. Synthego Corp., No. 25-570, a petition that challenges foundational assumptions about the use of prior art references. The ...
In a decision that should provide welcome clarity for mechanical device patents, the Federal Circuit reversed a district court's dismissal of patent infringement claims involving automated exercise ...
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