Tag Archives: patent claims

Agricultural data collection patent claims “buy the farm” at the Federal Circuit

The Federal Circuit recently issued a precedential decision not only reiterating that mere data collection is abstract under 35 U.S.C. § 101, but emphasizing that district courts must provide a sufficiently articulated basis for denying attorney’s fees. The opinion is yet another cautionary note to patent owners and attorneys seeking to enforce patents directed to … Continue Reading

Result-Oriented Patent Claims Dismissed under Rule 12(b)(6) as being Ineligible

In a precedential opinion analyzing eligibility of software and web-based patents, the US Court of Appeals for the Federal Circuit affirmed the district court’s dismissal of a patent infringement complaint in US Patent No. 7,679,637 LLC v. Google LLC. The Court examined key issues in patent eligibility under 35 U.S.C. § 101, particularly for web … Continue Reading

The USPTO Proposes Steep RCE Fees. Will Patent Prosecution and Appeal Strategies Change?

As discussed in two of our recent blogs (here) and here), the United States Patent and Trademark Office (USPTO or Office) recently proposed substantial patent fee increases for continuing applications and terminal disclaimers. The USPTO is also proposing substantial increases for an applicant to request continued examination of an application whose claims have been rejected, … Continue Reading
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