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Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification Federal Circuit: The PTAB Cannot Institute Inter Partes Review on Obviousness Grounds Not Included in the IPR Petition, But Can Consider Evidence of "General Knowledge" in the Art

8 minute read March 01, 2020 at 12:03 AM
By
Jeff Ginsberg
IP News

 

Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification

Whether there are underlying material disputes of fact relevant to patent subject matter eligibility, and (if so) when, how, and by whom those disputes should be resolved, have been the topic of much discussion since the Federal Circuit's Feb. 8, 2018 decision in Berkheimer v.

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