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US Supreme Court Again Limits Business Method Patents After Bilski

The US Supreme Court in Alice Corporation Pty. Ltd. v. CLS Bank International Et Al., 573 U.S. ___ (6/19/2014) (“Alice”)  has again held that the scope of patentable subject matter is narrow for business method patents. The representative method claim at issue in Alice recited the following steps: (1) “creating” shadow records for each counterparty […]

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AIPLA files Amicus Brief in Nautilus v. Biosig Instruments re: Definiteness

The American Intellectual Property Law Association (AIPLA) has filed an Amicus Brief (friend of the court)in Biosig Instruments, Inc. v. Nautilus , 2012-1289 (April 26, 2013, CAFC).  A link to the US Supreme Court docket on the appeal is found here. The Federal Circuit reversed a district court decision that a patent claim to a […]

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Federal Circuit Clarifies Standard for Defendants Seeking Award of Attorney’s Fees

On December 26, 2013, the U.S. Court of Appeals for the Federal Circuit decided Kilopass Technology, Inc. v. Sidense Corporation, (Case No. 2013-1193). In this case, the defendant-appellant, Sidense Corporation (Sidense), had appealed from the district court’s denial of its motion for attorney’s fees under 35 U.S.C. § 285. In its opinion, written by Judge O’Malley, […]

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U.S Supreme Court Will Review Standard for Induced Infringement of a Claimed Method When Infringement is Split Among Multiple Parties

On January 10, 2014, the U.S. Supreme Court granted certiorari in Limelight Networks, Inc. v. Akamai Technologies, Inc. The petitioner in the case, Limelight Networks (Limelight), appealed from the en banc opinion of the U.S. Court of Appeals for the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. […]

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Federal Circuit Affirms Jury Verdict of Invalidity for Lack of Written Description in Spinal Disc Case

In October, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Synthes USA, LLC and Depuy Synthes Products, LLC. v. Spinal Kinetics, Inc.,_F.3d _ (Fed. Cir. 2013). Synthes USA and Depuy Synthes Products (Synthes), the plaintiffs-appellants, appealed from a jury verdict of non-infringement of U.S. Patent No. 7,429,270 (270 patent) and […]

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