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Our Take January 7, 2019

On January 7, 2019, the USPTO placed into effect new 101 Guidelines 

Our Take: There are at least two important changes in these rules.  (1) Now an applicant only has to show that an additional claim element integrates the assumed judicial exception or abstract idea into a practical application of the exception or idea to show patent eligibility.  If this is shown, the inquiry ends.  (2) The additional claim element that integrates the assumed judicial exception or abstract idea into a practical application can represent well-understood, routine, or conventional activity.  So, if an abstract idea in a claim is tied to a specific machine, the claim is patent eligible.  In addition, the specific machine can be a conventional machine.


Our Take January 1, 2019


Our Take May 8, 2018


On April 24, 2018, the Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLCupheld the PTAB and declared patents to be a "public franchise."

Our Take: Justice Thomas's decision reads like an ends justifies the means tortured explanation as to why the cases and history of Article III courts are wrong and why patents are like toll bridges.  On the other hand, Justice Gorsuch's dissent is a simple, beautifully crafted retort that shows the folly of the majority with a simple analogy to a gift.  Justice Gorsuch writes that "[j]ust because you give a gift doesn't mean you forever enjoy the right to reclaim it."  The oddest part of the odd majority opinion is their caveat that "our decision should not be misconstrued as suggesting that patents are not property for purposes of the Due Process Clause or the Takings Clause."  What are they doing here?  Are they inviting a Due Process Clause or the Takings Clause challenge?  If they are, why didn't they just decide it now? Why leave patent owners in the dark again?


 Kasha Law LLC is an Intellectual Property law firm located in the Washington D.C. area.  The firm specializes in high quality patent preparation and prosecution before the United States Patent and Trademark Office.  The firm has significant experience in electrical engineering, software development, and bioinformatics.  The firm is well-suited to handle your most complex cases in these and other areas. 


News

January 7, 2019 - Revised USPTO 101 guidelines take effect.  USPTO Revised 101 Guidelines

April 24, 2018 - Supreme Court upholds the PTAB and declares patents a public franchise, like a toll bridge, in OIL STATES ENERGY SERVICES, LLC v. GREENE’S ENERGY GROUP, LLC, ET AL.  

December 13, 2017 - Supreme Court denied cert on Nov 27 in Openet Telecom, Inc. v. Amdocs (Israel) Limited essentially validating claims directed to a computer program product for processing network accounting information.

November 27, 2017 - Supreme Court hears oral arguments. SAS Institute Inc. v. Matal

November 27, 2017 - Supreme Court hears oral arguments. Oil States Energy Services, LLC v. Greene's Energy Group, LLC

November 27, 2017 - Supreme Court denies cert confirming 101 eligibility of claims directed to processing network accounting information. OPENET TELECOM, INC. v. AMDOCS (ISRAEL) LIMITED 

October 4, 2017 - CAFC shifts the burden in post-grant motions to amend to the Petitioner.  AQUA PRODUCTS, INC. v MATAL 

September 19, 2017 - Patexia names Kasha Law as one of the top 50 law firms in Inter Partes Review (IPR) out of more than 5,000 attorneys.   Patexia Names the Top 50 Law Firms, Attorneys and Companies in IPR Intelligence Report