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LGJ Library: Patents

Enfish Decision Breathes New Life Into Computer-Implemented Patents

May 13, 2016

In the Supreme Court's pivotal decision in Alice Corp. Pty. Ltd. v. CLS Bank, Int'l (2014), computer-implemented inventions were considered unpatentable if they were directed to an abstract idea. Since that time, many applications have been rejected and issued patents invalidated on the grounds that they were directed to an abstract idea and therefore contained unpatentable subject matter. In Enfish, LLC v. Microsoft Corporation (2016), the Federal Circuit Court of Appeals issued a clarifying decision that should stem the tide and provides an important clarification to support the patentability of many computer-implemented inventions.

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Inventor’s Purchase Order to Supplier May Place Invention On Sale

August 15, 2013

The patent statutes provide that an invention cannot be patented when the inventor has placed the invention on sale more than a year before the filing date of the patent application. The so-called "on-sale bar" is clearly applicable when an inventor manufactures an item and sells it directly to others, but its application is less obvious when the inventor does not make or sell the item, and instead buys a quantity of it from a supplier. In a recent decision, the court held that the invention is on sale--and the patent will be barred--in such cases.

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First to File, Other Patent Rules Effective March 16

February 28, 2013

The fist-inventor-to-file provision of the America Invents Act takes effect on March 16, 2013. After a long history of granting patents to the first applicant to invent an invention, the new law will now award a patent to the first applicant to file an application for the invention.

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AIA Provisions Effective September 16, 2012

September 06, 2012

Certain aspects of the America Invents Act are effective beginning September 16, 2012.

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Senate passes patent reform bill

March 08, 2011

The Senate has passed a patent reform bill that would incorporate several significant changes including a first-to-file system, enlarged post-grant patent review procedures, and many others.

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BLG prevails in inter partes reexamination; patent claims upheld

June 05, 2009

In a statistically rare event, BLG attorneys have achieved a decision upholding the patentability of the claims of a patent related to a laryngoscope for their client Verathon.

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BLG wins patent appeal in European Patent Office

January 08, 2009

BLG attorneys, together with associate counsel in the U.K., prevailed in a key opposition proceeding at the European Patent Office in a matter related to a laryngoscope patent owned by our client Verathon. In an important decision relating to this key video laryngoscope technology, the central claims of the patent were confirmed as being valid.

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Our attorneys regularly produce substantive memoranda and news, addressing legal advancements in Trademarks, Intellectual Property, Patents and Litigation.

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