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IP News Alerts

Supreme Court Unanimously Finds Alice Corp.'s Business Method Patent is Directed to a Patent-Ineligible "Abstract Idea"�
June 19, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The Supreme Court 9-0 reaffirms that patents directed to “abstract ideas” are not patent eligible This decision does not address the larger question of patentability...
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Supreme Court Tosses Federal Circuit Standard for "Claim Definiteness" Requirement
June 2, 2014 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
The Supreme Court today, in Nautilus, Inc. v. Biosig Instruments, Inc., unanimously rejected The Federal Circuit's test for indefiniteness under Section 112 of the Patent Laws.&...
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U.S. Supreme Court Requires Direct Infringement for Liability of Induced Infringement
June 2, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Liability for induced infringement of a method claim in a patent requires a finding that one party performs all the steps in the claim and, therefore, is liable for direct infringement...
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Cloned Sheep "Dolly" Is Not Patentable, But...
May 14, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D. and N. Scott Pierce
On May 8, 2014, the Court of Appeals for the Federal Circuit (CAFC) held that claims directed to cloned non-human mammals are not patent eligible under 35 U.S.C. § 101 (In re...
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Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
"Exceptional case" statutory threshold for awards of attorneys' fees is to be judged by "totality of the circumstances" District courts invested with wide...
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United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher
The new program currently is available only by petition for certain software-oriented patent applications. Applicants are required to include a glossary of patent term definitions...
More »

PTO Issues New Guidance Memorandum for Determining Patent-Eligible Subject Matter
March 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Eric M. Balicky, Ph.D. and Deirdre E. Sanders
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) published a much-anticipated memorandum announcing a "new procedure" for determining whether a claim is drawn...
More »

No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Lighting Ballast affirms the de novo standard of review for claim construction on appeal, originally set forth 15 years ago. Continue to watch the case, as Supreme Court review...
More »

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Supreme Court Unanimously Finds Alice Corp.'s Business Method Patent is Directed to a Patent-Ineligible "Abstract Idea"�
June 19, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The Supreme Court 9-0 reaffirms that patents directed to “abstract ideas” are not patent eligible This decision does not address the larger question of patentability...
More »

Supreme Court Tosses Federal Circuit Standard for "Claim Definiteness" Requirement
June 2, 2014 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
The Supreme Court today, in Nautilus, Inc. v. Biosig Instruments, Inc., unanimously rejected The Federal Circuit's test for indefiniteness under Section 112 of the Patent Laws.&...
More »

U.S. Supreme Court Requires Direct Infringement for Liability of Induced Infringement
June 2, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Liability for induced infringement of a method claim in a patent requires a finding that one party performs all the steps in the claim and, therefore, is liable for direct infringement...
More »

Cloned Sheep "Dolly" Is Not Patentable, But...
May 14, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D. and N. Scott Pierce
On May 8, 2014, the Court of Appeals for the Federal Circuit (CAFC) held that claims directed to cloned non-human mammals are not patent eligible under 35 U.S.C. § 101 (In re...
More »

Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
"Exceptional case" statutory threshold for awards of attorneys' fees is to be judged by "totality of the circumstances" District courts invested with wide...
More »

United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher
The new program currently is available only by petition for certain software-oriented patent applications. Applicants are required to include a glossary of patent term definitions...
More »

PTO Issues New Guidance Memorandum for Determining Patent-Eligible Subject Matter
March 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Eric M. Balicky, Ph.D. and Deirdre E. Sanders
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) published a much-anticipated memorandum announcing a "new procedure" for determining whether a claim is drawn...
More »

No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Lighting Ballast affirms the de novo standard of review for claim construction on appeal, originally set forth 15 years ago. Continue to watch the case, as Supreme Court review...
More »

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