On November 2nd, Robert Bahr released a concise but informative memorandum that could be entitled “What We Learned From McRO and BASCOM.” I have posted on McRO, Inc. dba Planet Blue v. Bandi Namco Games America Inc. et al., 120 USPQ2d 1091 (Fed. Cir. 2016), most recently on Sept. 16th, and I refer you to that post for details of the animation software in question. BASCOM Global Internet Services v. AT&T Mobility LLC, 827 Fed. Cir. 1341 (Fed. Cir. 2016) involved software claims for filtering content received from an Internet computer network. In McRO, the Fed. Cir. found that the claims in question were not directed to an abstract idea. In BASCOM, the Fed. Cir. discussed the requirements for the elusive “inventive concept” required by the Mayo/Alice test.
After issuing a brief “notice” in 2011, shortly after the Fed. Cir. revised the duty of disclosure in the Therasense (76 FR at 43631), the PTO has now published a notice of proposed rulemaking to gather comments on its specific proposed amendments to 37 CFR 1.56(a) and (b). 81 Fed. Reg. 74987 (October 26, 2016).
Chisum and Mueller Dissect The Recent En Banc Decision In Apple v Samsung – “Smartphone Wars: Federal Circuit Shenanigans?”October 31st, 2016
The Federal Circuit’s October 7, 2016 en banc decision, 2016 WL 5864573, concerning one phase of the ongoing Apple v. Samsung smartphone patent wars, may turn out to be the court’s most controversial decision ever. We intend to explore this decision in depth during upcoming Chisum Patent Academy seminars. Meanwhile, for the benefit of Academy graduates and other patent professionals, we circulate here a detailed abstract of the decision, prepared by Academy co-founder Donald Chisum for future inclusion in his Patent Law Digest and the Chisum on Patents treatise. Click to download the detailed abstract.