The U.S. patent system is not in a good place today. Patents are worth substantially less than they were a decade ago, patents are much easier to challenge thanks to the high kill rate of the Patent Trial and Appeal Board (PTAB), and some of America’s most innovative industries face questions as to whether [...]
The Supreme Court’s most recent ruling on the issue, Alice Corp. v. CLS Bank has left the IP bar without a clear, reliable test to determine when exactly a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none.” This has left us [...]
Coherus Biosciences stock rocketed to a month high wednesday after a U.S. BOARD tossed out a key patent protecting AbbVie's most important drug, arthritis medication Humira, thus clearing an obstacle from a similar treatment from coherus. recently U.S. PTAB, ruled against AbbViein a patent review and invalidated the dosing patent for Humira in rheumatoid [...]
The Supreme Court has, however said there are three judicial exceptions to what is otherwise statutorily patent eligible – laws of nature, physical phenomena, and abstract ideas. The abstract idea exception is what applies to computer-implemented methods (i.e., software). The Supreme Court has steadfastly refused to define the term ‘abstract idea’ even though it [...]
The Federal Circuit panel consisted of Judges Reyna, Wallach, and Chen. Judge Reyna delivered the panel’s opinion. The patentee cited two recent decisions, In re Magnum Oil International, Ltd., 829 F.3d 1364 (Fed. Cir. 2016) (reversing a Board decision when the Board “adopted arguments on behalf of petitioners that could have been, but were not, [...]
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