Category: Uncategorized
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Is it a “technical problem” or a “business problem”? – Your Success on Appeal Might Depend On It
IBM fails to overcome Section 101 rejection, even with a very detailed claim, because it is directed to a business problem, not a technical problem.
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Finjan, Inc. v. Blue Coat Systems, Inc.: A Refreshing Affirmation of Patent Eligibility
As highlighted in a previous post, Section 101 (Alice) rejections have been increasingly applied according to constantly evolving guidelines that make it difficult to avoid or overcome allegations that a claim is directed to an abstract idea. As evidenced by the examples provided in the above-linked post and even in a recent post about an…
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Dismissed as Moot
Petitioning restrictions can sometimes result in no decision. This can be good or bad depending on your goals in prosecution. Read more to see some examples that illustrate the distinction.
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Facebook loses Section 101 appeal related to sponsoring content in news feeds based on the users’ connections.
Section 101 appeals are tough to win at the PTAB, and this case illustrates the challenges facing clients hoping to protect their new ideas aimed at improving social networks.
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Restrictions Repeated But Never Made Final
What to do when an Examiner repeatedly shifts the basis for restriction without ever making the requirement final.
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Philips Uses Coordinated Appeal and Petition
Petitions can be part of an appeal strategy and this Philips case illustrates a prime example.
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Keg treatment patent applicant faced with improper restrictions mixing up Unity and Intended Use
Restriction requirements under Unity of Invention should not rely on intended use to read out limitations that fall under a safe harbor of the CFRs.
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Federal Circuit Extinguishes Incomplete PTAB Rejections In Future Proceedings
PTAB Laziness Helps Patentee avoid Prior Art references in Subsequent Proceedings
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PTAB Holiday Decision
Foldable toy patent wins with only functional language differentiating the cited art.
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Patent Office Examiners Cannot Rely on Happenstance for Inherency
Federal Circuit confirms that prior art showing that an action might happen at a claimed instance does not inherently disclose the missing claimed action.