Exergen Federal Circuit Affirms Patent Eligibility Of Diagnostic Patent Claims Reciting Laws Of Nature Under Alice
§ 101 and §§ 102/103 prior art are not always the same In Exergen v. Kaz, a non-precedential decision, the Federal Circuit affirmed the lower court finding of patent eligibility of a number of diagnostic [...]
Berkheimer v. HP Claims Apparently Overcome Alice Two-Step On Record But Hold On, We Need More Facts
§ 101 Inquiry Remains Question of Law But Need to Know Underlying Facts In Berkheimer v. HP, four claims survived the Alice Two-Step Analysis on the appellate record Yet the Federal Circuit remanded for more development [...]
New Framework for Alice Predictability
Framework for Patent Claims Drafting and Patent Litigation Post-Alice Patent practitioners – and the courts themselves – continue to struggle to clarify Supreme Court guidance on Alice two-step Juhasz Law provides a new framework, a multi-step sequence to [...]
Impression v. Lexmark: Patent Exhaustion Triggered by Authorized Sale of Product
Patentee cannot control use or disposition of a product after giving up title An authorized sale gives up title, which exhausts the patent Restrictions on title post-authorized sale possible with contracts but not by patents, since [...]
Apple v. Samsung: How Things Can And Do Go Awry in Patent Litigation
Lost Profit in Design Patent Litigation to be Based on Damages Apportionment If, as Apple argued on remand to Federal Circuit, Samsung did not present evidence on apportionment at trial, was the legal issue of apportionment [...]
Amdocs v. Openet Exposes Achilles Heel in the Alice Two-Step Process
Can Courts Apply Alice Two-Step For Consistent Jurisprudence? Amdocs v. Openet: claims found patent eligible by Federal Circuit facially similar to claims held patent ineligible by Supreme Court in Alice Federal Circuit imports arguably patent [...]