Instituition Of Inter Partes Reviews (IPR) For Biological Patents

Payam Moradian, of Moradian Law,  reviews  a notable changes in recent years in the U.S. patent practice that have been part of the institution of the Inter Partes Review procedure (IPR), which so far has resulted in a high number...

Bingo Patents held Invalid

The Federal Circuit held patents directed to methods for playing the game bingo to be directed to patent ineligible subject matter: “Claim 7 of the ’646 patent, for example, recites the steps of selecting, storing, and retrieving two sets of...

Trademark application for the Mark DIGITALPREP for dental software rejected for being descriptive.

Trademark application for the Mark DIGITALPREP for dental software rejected for being descriptive. Whether a term is  merely descriptive is determined not in the abstract, but in relation to the goods for which registration is sought, the context in which it...

Ninth Circuit Holds Hookah Container Not Entitled To Copyright Protection

In INHALE, INC. V. STARBUZZ TOBACCO, INC., the Ninth Circuit held that the shape of a hookah water container was not entitled to copyright protection because the container was a useful article whose sculptural features could not be separately identified...

Federal Circuit Overturns Claim Construction of “Datalink”

Federal Circuit overturns a district court’s claim construction in of the term “datalink” in a patent to mean a physical cable, holding that datalink at the time of the patent filing would be a link that carries data in a...

Federal Circuit Holds Antibody Patents Invalid For Failing to Disclose Representative Species For Claimed Genus

Federal Circuit holds antibody patents invalid for failing to disclose representative species for a claimed genus: Moreover, the ’128 and ’485 patents do not describe any common structural features of the claimed antibodies. The asserted claims attempt to claim every...

TTAB Cancels “What Would Jesus Do” Based on Nonuse

Trademark Trial and Appeal Board (TTAB) cancels registration to the mark WHAT WOULD JESUS DO based on the ground of nonuse. The TTAB accepted as true admission requests that were not timely answered: “Because Respondent did not timely answer Petitioner’s...

Supreme Court Holds Streaming Television Service Aereo Infringes Copyrights

In AMERICAN BROADCASTING COS. v. AEREO, INC., the Supreme Court held that streaming television service Aereo Inc. infringed the copyrights of television producers, marketers, distributors and broadcasters by publicly performing their programs.  The court held that “Aereo performs petitioners’ works publicly...

Federal Circuit Holds Means Plus Function Claim Invalid For Failure to Disclose An Algorithm in the Specification

In AUGME TECHNOLOGIES, INC.  v. YAHOO! INC., the Federal Circuit held that a means-plus-function claim was invalid based on the specification’s failure to disclose an algorithm.  The court stated: “It is undisputed that ‘means for assembling’ is a computer-implemented means-plus-function limitation. . ....

U.S. Supreme Court Holds That Merely Requiring Generic Computer Implementation Fails To Transform An Abstract Idea Into a Patent-Eligible Invention

The Supreme Court held today in ALICE CORPORATION PTY. LTD. v. CLS BANK INTERNATIONAL ET AL. “that merely requiring generic computer implementation fails to transform [an] abstract idea into a patent-eligible invention.”  In a concurring opinion, Justice Sotomayor stated that...


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