Tag Archives: PTAB

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading

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Director Iancu’s IPO Address and Judge Rich

Although Director Iancu’s address primarily aims at the difficulty of determining when a claim is directed to an abstract idea, his precursor guiding light is clearly the late Judge Giles Rich. Notably, Iancu quotes from Judge Rich. These quotes are … Continue reading

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“Big Data” Claims Meet Mayo/Alice Rule

I am going to try to discuss two recent decisions by the PTAB, Ex parte Fiesner, Appeal 2018-00530 (9-10-18) and Ex parte Lehrer, Appeal 2016-007941 (8-29-2018). Both have claims that employ computers to process large amounts of input data to, … Continue reading

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BIO IP & Diagnostics Conference – Is the Titanic Turning Around?

On September 28th, I will be moderating a panel on patenting diagnostic tests – and related subject matter – such as methods of medical treatment, at BIO’s annual IP & Diagnostics Symposium in Alexandria, VA. At the beginning of 2018, … Continue reading

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