Patent Baristas

The Leahy-Smith America Invents Act, H.R. 1249, which passed the House in June by 304-117 in June, contains a provision to amend 35 U.S.C. 156, the statute governing patent term extensions. Specifically, a section of HR1249 would insert the following clause: ‘For purposes of determining the date on which a product receives permission under the […]

Beauregard claims took a hit in the CyberSource Corp. v. Retail Decisions, Inc. decision at the US Court of Appeals for the Federal Circuit.  The Court also pronounced a “human mind power” test for patentable subject matter. CyberSource is the owner of U.S. Patent No. 6,029,154, which recites a “method and system for detecting fraud […]

In Classen Immunotherapies, Inc. v. Biogen IDEC, Circuit Judge Moore dissented to just about everything: I believe that the claims at issue are to a fundamental scientific principle so basic and abstract as to be unpatentable subject matter and therefore I would affirm the district court’s grant of summary judgment of invalidity under § 101…. […]

To me, it’s a good idea to always carry two sacks of something when you walk around. That way, if anybody says, “Hey, can you give me a hand?” You can say, “Sorry, got these sacks.”  ~Jack Handey Chief Judge Rader, joined by Circuit Judge Newman, offered their own deep thoughts in a concurring opinion […]

clo·ture.  noun /ˈklōCHÉ™r/  (in a legislative assembly) A procedure for ending a debate and taking a vote; a cloture motion. (*update: The Senate voted 93-5 to end debate on a motion to proceed with the bill, limiting debate to 30 hours.)  The Leahy-Smith America Invents Act, H.R. 1249 passed the House in June by 304-117, […]

In the never-ending battle for truth, justice and invalidating methods on natural phenomenon, the U.S. Court of Appeals for the Federal Circuit has once again taken up the burden to review the case of Classen Immunotherapies, Inc. v. Biogen IDEC (06-1634, -1649), after the Supreme Court vacated the CAFC’s earlier decision in view of the […]

Mashable has an infographic on the recent patent wars.  Winding its way from the early conceptions of patent rights to trends in patent filings and ending with recent patent tiffs involving tech companies like Apple, Microsoft and Samsung. Google executives said that a major reason they were willing to pay $12.5 billion for Motorola Mobility […]

This is the second of a series of articles on IP and Antitrust issues.  This article deals with the need for licensing of intellectual property, licensing in the past and present and the antitrust concerns associated with it. Possession of intellectual property is just one step in a chain of production and manufacturing. Once the […]