Searching Content indexed under Intellectual Property by Douglas Pearson ordered by Published Date Descending.
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Patenting Digital Health Innovations Incorporating AI In View Of USPTO's Recent Subject Matter Eligibility Guidance
Patent procurement activity is increasing to protect embedded artificial intelligence ("AI") technologies in a variety of digital healthcare solutions.
United States
16 Sep 2019
PTAB FY 2019 Statistics Through May
Through May FY 2019, 957 IPR petitions, 38 PGR petitions, and 22 CBM petitions have been filed.
United States
24 Jul 2019
Cert Petition Seeks Review Of Time-Bar Trigger For Voluntarily Dismissed Complaints
On January 11, 2019, Dex Media filed a Petition for Writ of Certiorari seeking review of the Federal Circuit's decision in Click-To-Call Tech. v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018) (en banc in relevant part).
United States
23 Jan 2019
Click-To-Call Cert Petition – Second Extension Of Time Granted
As reported in a prior post, DexMedia, Inc. previously filed an Application for Extension of Time to File a Petition for a Writ of Certiorari requesting an extension of 30 days in which to file a cert petition...
United States
20 Dec 2018
BREAKING: Click-to-Call and One-Year Time Bar – Petition for Certiorari Incoming
As reported in a prior post, the Federal Circuit in Click-To-Call Tech. v. Ingenio, Inc., 2015-1242 (Fed. Cir. Aug. 16, 2018) (en banc) found in a divided 10-2 en banc decision that a voluntary...
United States
23 Nov 2018
No Showing That Conference Poster Constituted A Printed Publication
With the universe of prior art available for IPRs being limited to patents and printed publications (35 U.S.C. § 311(b)), questions regarding the applicability of printed material that might be considered...
United States
9 Jul 2018
Protecting Artificial Intelligence And Big Data Innovations Through Patents: Functional Claiming
Companies are increasingly investing in AI innovations to reduce costs and increase accuracy for tasks and analyses that might otherwise require human intelligence and judgment.
United States
13 Apr 2018
Protecting Artificial Intelligence And Big Data Innovations Through Patents: Subject Matter Eligibility
AI and big data innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices, manufacture things, and solve problems.
United States
13 Mar 2018
Can Evidence Of Noninstitution Of An IPR Be Introduced In District Court? Yes And No
With institution rates of IPR petitions continuing to slide, and with district courts determining (depending on narrow or broad readings of the Shaw case) how estoppel may or may not apply in district court...
United States
19 Jan 2018
District Court Finds Estoppel For Non-Petitioned Grounds But Not For Dicta
The Oil-Dri Order identifies various such cases and considers both treatments of non-petitioned grounds. See Oil-Dri Order at 14-16.
United States
21 Aug 2017
Senate Bill For STRONGER Patents Act Aims To Address Key PTAB Patent Owner Woes
There is a lot in this bill, and significant proposals relating to IPRs and PGRs are discussed below.
United States
13 Jul 2017
Estopped Or Not? District Court Says No Estoppel For Grounds Not Presented In An IPR Petition, PTAB Litigation Blog
The statute provides that a petitioner of an IPR that results in a final decision will be estopped from asserting invalidity in a civil action based on "any ground that the petitioner raised or reasonably could have raised during that inter partes review."
United States
23 Jan 2017
Swearing Behind A Prior-Art Reference Requires "Reasonably Continuous Diligence," Not "Continuously Exercised Reasonable Diligence", PTAB Litigation Blog
In a decision dated November 15, 2016, the Court of Appeals for the Federal Circuit vacated and remanded the PTAB's decision in IPR2014-00233, in which the Board found (i) that Perfect Surgical Techniques, Inc.
United States
8 Dec 2016
Google Inc. v. Locationet Systems Ltd., CBM2016-00062 – Institution Denied
In a decision dated October 25, 2016, the PTAB denied institution of Google Inc.'s petition for Covered Business Method Patent Review of claims 14-17 and 19 of U.S. Patent No. 6,771,970 owned by Locationet Systems Ltd.
United States
8 Nov 2016
Digital Health Law Update Vol. 1 Issue 4
With exponential growth occurring in the availability of telemedicine and other digital health products and services, patent disputes are sure to erupt.
United States
11 Aug 2015
Supreme Court Upholds Prohibition Against Post-Expiration Patent Royalties
In 1990, inventor Stephen Kimble obtained a patent on a toy glove that permits the wearer to mimic the comic book character Spider-Man by shooting pressurized foam string from the palm of the hand.
United States
26 Jun 2015
Software Inventions—Keeping It Eligible
On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corporation Pty. Ltd. v. CLS Bank International, et al.
United States
10 Jul 2014
Patent-Eligible Subject Matter Revisited: In Re Bilski
On October 30, 2008, the United States Court of Appeals for the Federal Circuit (the "Federal Circuit") issued its en banc decision in In re Bilski, which addressed the standard for determining whether method claims recite patent-eligible subject matter under 35 U.S.C. § 101.
United States
19 Nov 2008
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