Blog Posts Archives - Page 21 of 24

14 Jun 2011

Microsoft v. i4i – Supreme Court Unanimously Holds that Invalidity of a Patent Must be Shown by Clear and Convincing Evidence

PJuhasz2011-06-19T15:23:41-05:00June 14, 2011|Tags: federal circuit, presumption of validity, supreme court|

First major patent decision by the Supreme Court in past 5 years in which jurisprudence of the Court of Appeals for the Federal Circuit affirmed If the governing statute on the burden of proving invalidity [...]

Therasense v. Becton Dickenson – Federal Circuit Lowers Disclosure Bar All but Eliminating Inequitable Conduct Except in Most Egregious Circumstances

PJuhasz2025-03-17T23:53:02-05:00May 31, 2011|Tags: bilski, claim construction|

But Prosecutors don’t rush to change your disclosure practice just yet since even though a piece of prior art may not satisfy the but-for materiality test of Therasense, that piece of pior art may [...]

Research Tech, H&R Block, and Bancorp Decisions and Bilski – The Link of Manipulated Data to Something “Real” May Provide the Clue to the Patent Eligibility of Software.

PJuhasz2025-03-17T23:53:02-05:00March 2, 2011|Tags: 101, bilski, federal circuit, patentable subject matter, physical links, supreme court, virtual links|

The test for accurately defining the boundary line beyond which software preempts a fundamental idea may lie in defining what data are manipulated by the software instructions. It is in the “link” of the data [...]