On May 14, 2018, the U.S. Supreme Court granted PNC Bank National Assoc.’s petition for writ of certiorari and vacated the Fed Circuit’s ruling limiting the scope of a covered business method (CBM), in PNC Bank Nat’l Ass’n v. Secure Axcess, LLC.[1] The Supreme Court, in its orders, wrote: The petition for writ of certiorari …
Fed Circuit Watch: Innovative Abstract Idea is Still Abstract Idea
On May 15, 2018, the Court of Appeals for the Federal Circuit handed down SAP America, Inc. v. InvestPic, LLC.[1] The patent at-issue, U.S. Patent No. 6,349,291 (‘291) was directed to systems and methods for performing statistical analyses of investment information. In other words, the ‘291 patent claimed subject matter that was merely an innovative …
IP & Nonhumans: Lessons of Naruto the Monkey on AI
A particular copyright case, although not dealing directly with technology, has fingerprints that lead to one area of technology that shares some legal issues with animals: artificial intelligence. On April 23, 2018, the Court of Appeals for the Ninth Circuit issued Naruto v. Slater,[1] in a ruling that was not entirely unexpected since the parties …
Fed Circuit Watch: Merck’s Unclean Hands Render Hep C Patents Unenforceable
The doctrine of unclean hands is a judicially-created equitable defense in which equitable relief is denied where that party has acted in a fraudulent manner or in bad faith.[1] Gilead Scis., Inc. v. Merck & Co., Inc.,[2] decided by the Court of Appeals for the Federal Circuit on April 25, 2018, discusses the confluence of …
Fed Circuit Watch: Post-TC Heartland Gaps Filled
Although the U.S. Supreme Court rendered its decision in T.C. Heartland, LLC v. Kraft Foods Group Brand LLC more than one year ago, which this blog discussed, the contours of its holding are still being worked out. In T.C. Heartland, the Supreme Court held that the patent venue statute, 28 U.S.C. §1400(b), limits patent litigants …
Fed Circuit Watch: Technicality in Rules Does Not Eviscerate Showing Patent Infringement
Because patent infringement is the exclusive jurisdiction of the Court of Appeals for the Federal Circuit, any procedural rules governing the cases are examined under the Federal rules.[1] These confusing and arcane rules sometimes make analysis of patent cases more an exercise of rules research rather than patent law itself. An example is Disc Disease …
CannabIP: U.S. Patent No. 9,894,936 B2
U.S. Patent No. 9,894,936 B2 issued on February 20, 2018, for “Zoned Vaporizer,” to Mark Krietzman. The claims are directed to vape apparatuses, one a full system and the other a portable device. Independent claim 1 recites a system including a controller, heating chamber, lid, intake, and power supply which can control the vape. Independent …
SCOTUS Watch: No PTAB Partial Review of Claims
In the second of two patent decisions handed down by the United States Supreme Court on April 24, 2018, SAS Inst. Inc. v. Iancu[1] was the less visible of the two cases. However, SAS’s close split decision and more practical effect on the patent practice will make it the much more important patent case handed …
Geoblocking Required to Avoid Copyright Liability, per D.C. Circuit
Geoblocking is the practice of digitally embedding territorial access restrictions into content distributed across the Internet. At a time when the European Union is legislating anti-geoblocking regulations, it appears the U.S. is going in the opposite direction. In Spanski Ents., Inc. v. Telewizja Polska, S.A.,[1] on March 2, 2018, the Court of Appeals for the …
Fed Circuit Watch: Issue Preclusion Cannot Save Voting Method Patent From §101 Ax
On April 20, 2018, the Court of Appeals for the Federal Circuit held in Voter Verified, Inc. v. Election Sys. & Software LLC,[1] that in spite of a favorable prior judicial ruling (although not necessarily on §101 patent subject matter-eligibility), issue preclusion did not apply, and affirmed the patent-ineligibility holding by the district court. The …