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Articles by Alexander Boyer
United States - Patent - Director Review: The Board Must Resolve Claim Construction Disputes And Analyze Each Of The Graham Factors When Weighing Objective Evidence Of Nonobviousness
In Nearmap US, Inc. v. Eagle View Technologies, Inc., 1 the Director of the USPTO vacated and remanded a Final Written Decision holding claims not unpatentable in view of objective evidence of nonobviousness. Before the Board, the parties disputed the patentability of claims relating to a user interface for facilitating generation of roof models based on one or more aerial images of a building.
Trending At The PTAB: Claim Substitution And APA Control
In 2019, the Patent Trial and Appeal Board initiated a pilot program allowing patent owners to request preliminary guidance on a motion to amend.1 Under the pilot program, the board provides feedback on the patent owner's proposed substitute claims and makes an initial determination as to whether they meet the statutory and regulatory requirements for a motion to amend. The patent owner may then file a revised motion to amend if dissatisfied with the preliminary guidance.
Trending At The PTAB: Claim Substitution And APA Control
By Alexander Boyer and Daniel Tucker (July 28, 2023, 1:05 PM EDT) -- In 2019, the Patent Trial and Appeal Board initiated a pilot program allowing patent owners to request preliminary guidance on a motion to amend.[1]... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Supreme Court Declines To Clarify The Abstract-Idea Exception To Patentability In Interactive Wearables And Tropp
The Supreme Court in Interactive Wearables LLC v. Polar Electro Oy and Tropp, David A. v. Travel Sentry, Inc., et al. declined to hear a pair of cases that could have clarified the abstract-idea exception to patent eligibility. No. 21-1281, 2023 WL 3440746, at *1 (U.S. May 15, 2023); No. 22-22, 2023 WL 3440747 (U.S. May 15, 2023). No opinion was issued, but the Court noted that Justice Kavanaugh would have heard the cases.
Broad Construction Of Process In Product-By-Process Claim Dooms Petitioner's Inherency Argument For Resulting Product
In Restem, LLC v. Jadi Cell, LLC, IPR2021-01535, Paper 42 (P.T.A.B. April 18, 2023), the Patent Trial and Appeal Board ("Board") issued a final written decision finding no challenged claims were shown to be unpatentable because the petitioner failed to demonstrate anticipation or obviousness by inherency.
Supreme Court Declines to Clarify the Abstract-Idea Exception to Patentability in Interactive Wearables and Tropp
The Supreme Court in Interactive Wearables LLC v. Polar Electro Oy and Tropp, David A. v. Travel Sentry, Inc., et al. declined to hear a pair of cases that could have clarified the abstract-idea exception to patent eligibility. No. 21-1281, 2023 WL 3440746, at *1 (U.S. May 15, 2023); No. 22-22, 2023 WL 3440747 (U.S. May 15, 2023). No opinion was issued, but the Court noted that Justice Kavanaugh would have heard the cases.
Timeline for Receiving a Certificate for Amended Claims in an Inter Partes Review
Congratulations! You received an IPR final written decision granting your motion to amend. Now what happens? According to Rule 42.80, the Office will issue an IPR certificate reflecting any canceled, confirmed, new, or amended claim. 37 C.F.R. § 42.80. The rule requires the Office to issue and publish a certificate “[a]fter the Board issues a final written decision . . . and the time for appeal has expired or any appeal has terminated.” Id. The exact timing of the certificate, however, is unspecified.
Distributing Information Using Common Components Is a Patent-Ineligible, Abstract Idea
In Sanderling Management LTD. v. Snap, Inc., No. 2021-2173 (Fed. Cir. Apr. 12, 2023), the Federal Circuit affirmed a Central District of California decision dismissing Sanderling’s patent infringement suit because the asserted claims were directed to patent-ineligible subject matter under 35 U.S.C. § 101.
Wine Down craft fair returns, expands
SUNBURY — Festive winter spirit and the talented craftsmanship of local Susquehanna artisans were on full display at Whispering Oaks Vineyard in Sunbury on Sunday as the venue hosted its 5th annual Holiday Wine Down Artisan Craft Fair to support small businesses and artists.
New bill aimed at addressing gender disparities in military
A decades-long debate over servicewomen, their rights in the military and gender-based disparities — including how much they have to pay for uniforms — has recently been raised by the bipartisan introduction of the FATIGUES Act by two senators. Sens. Joni Ernst, a Republican from Iowa, and New Hampshire Democrat Maggie Hassan are the sponsors of the bill. If passed, the bill would decrease the financial stress on servicewomen for uniforms and accessories.
It's time to burst the bubble: Real issues on campus - The Bucknellian
The University’s bubble: we all laugh, knowing that when we come to campus, it’s as if time stops and everything beyond these manicured lawns ceases to be — and all the things that really happen while we’re learning about thermodynamics and the Coase Theorem disappear from average existence. We all want to live in that world; to great effect, we want to forget about the politics, the divisiveness and the tragic comedy of life.
Trending at the PTAB: Claim Substitution and APA Control
In 2019, the Patent Trial and Appeal Board initiated a pilot program allowing patent owners to request preliminary guidance on a motion to amend.[1] Under the pilot program, the board provides feedback on the patent owner's proposed substitute claims and makes an initial determination as to whether they meet the statutory and regulatory requirements for a motion to amend. The patent owner may then file a revised motion to amend if dissatisfied with the preliminary guidance.
Bob Ross painting course titled "Happy Accidents" offered to overworked students, amid controversy - The Bucknellian
In a bid to increase University support, faculty and alums introduced an art and art history course called “Happy Accidents” which focuses on the life and works of famous painter Bob Ross. At first, the course seemed remarkably well-received as it is designed to provide stress relief and discipline for students who are overworked and struggled with their courses the previous semester.
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