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The Intellectual Property Strategist

September 2024
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<i>In Re BilskiM</i>: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101 Image

<i>In Re BilskiM</i>: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101

Julia S. Kim

On Nov. 9, 2009, the Supreme Court heard oral argument in <i>In re Bilski</i> ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters &

'

Features

IP News Image

IP News

Howard J. Shire & Matthew Berkowitz

Highlights of the latest intellectual property news from around the country.

Features

Accepting a 2(f) Registration Image

Accepting a 2(f) Registration

Stephen W. Feingold

There are many ways that accepting a 2(f) notation can come back and haunt you once litigation has commenced.

Features

Inequitable Conduct Image

Inequitable Conduct

Gregory F. Wesner

Taking a page from the Federal Circuit's own analysis of the issue, we will examine the who, what, when, where (and why) of the decision in <i>Exergen Corporation v. Wal-Mart Stores, Inc.</i>

Features

Is the Federal Circuit Playing with Fire? Image

Is the Federal Circuit Playing with Fire?

Tammy Van Heyningen

Less than two months before the Supreme Court is scheduled to review the Federal Circuit's <i>en banc</i> decision in <i>In re Bilski</i> that found Bilski's business method claims unpatentable under 35 U.S.C. &sect; 101, the Federal Circuit held in <i>Prometheus Labs., Inc. v. Mayo Collaborative Servs.</i> (Fed. Cir. 2009) that claims to a diagnostic method are patent-eligible subject matter. The Federal Circuit reversed the district court's decision and held that Prometheus' personalized medicine claims satisfied the machine or transformation test set out in <i>Bilski</i>.

Features

The 'On-Sale' Bar After Pfaff Image

The 'On-Sale' Bar After Pfaff

Robert W. Morris & Franciscus Ladejola Diaba

<i>Pfaff v. Wells Elecs., Inc.</i> is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory "on-sale" bar to the granting of patents. This article explores how the Federal Circuit has applied <i>Pfaff</i> in more recent cases.

Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine Image

Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine

Ted Davis

In one of the most closely watched trademark-related appeals in recent memory, <i>In re Bose Corp.</i>, the Federal Circuit overturned the central holding of <i>Medinol Ltd v. NeuroVasx Inc.</i>. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters &

&#133;

Features

IP News Image

IP News

Jeffrey S. Ginsberg & Matthew Berkowitz

Highlights of the latest intellectual property news from around the country.

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