McDermott Will & Emery
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By McDermott Will & Emery on Mar 6, 2023
Posted In Uncategorized
We greatly appreciate our readers over the past year and are pleased to share that we were recently recognized for our intellectual property thought leadership in the 2023 JD Supra Readers’ Choice Awards, which acknowledge top authors and firms for their thought leadership in key topics during all of last year. Sarah Bro, a regular contributor to...
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Webinar Series: McDermott IP Focus 2023
By McDermott Will & Emery on Feb 27, 2023
Posted In Uncategorized
McDermott Will & Emery is committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these sessions, we will explore global developments in IP including disputes, transactions and procurement, with a significant...
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Does Not Compute: Faster Processes Aren’t Enough for Subject Matter Eligibility
By McDermott Will & Emery on Oct 27, 2022
Posted In Patents
In yet another opinion addressing subject matter eligibility and application of the Supreme Court’s Alice decision, the US Court of Appeals for the Federal Circuit found claims directed to graphical displays and user interfaces subject matter ineligible as directed to abstract ideas. IBM v. Zillow Group, Inc., Case No. 21-2350 (Fed. Cir. Oct. 13, 2022)...
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The Name of the Game Is the Claims, Even if Specification Is Shared
By McDermott Will & Emery on Oct 20, 2022
Posted In Patents
Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their claims together because of a shared specification despite different claim features. Weisner v. Google LLC, Case No. 021-2228 (Fed. Cir. Oct....
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Standard Computer Equipment Can Support Inventive Concept under Alice Step 2
By McDermott Will & Emery on Oct 6, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit overturned a district court dismissal of a patent case for errors in analyzing the claims’ patent eligibility under Alice. The Court found that regardless of whether the claimed invention was abstract under step 1, the invention claimed specific improvements rendering it patent eligible under step 2....
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It Can Take Three Appeals to Make a Claim Construction Go “Right”—or Three Bites by Apple
By McDermott Will & Emery on Sep 22, 2022
Posted In Patents
In a nonprecedential opinion on remand from the US Court of Appeals for the Federal Circuit and a US Patent & Trademark Office (PTO) Director-granted request for review, the Patent Trial & Appeal Board (Board) reconstrued claim terms it had previously construed in consideration of the patent specification, prosecution history and Federal Circuit construction of...
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IPR Estoppel Applies to Claim Not Addressed During Pre-SAS Proceeding
By McDermott Will & Emery on Sep 1, 2022
Posted In Patents
In the companion district court case to the Supreme Court’s 2019 Thryv v. Click-to-Call decision regarding the scope of review for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit addressed what it characterized as “a rather unusual set of circumstances” to find that the accused infringer was estopped from...
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Purposeful Direction in a Forum Activates the Long Arm of the Law
By McDermott Will & Emery on Jul 28, 2022
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit again vacated the US District Court for the Central District of California’s dismissal of a case for lack of personal jurisdiction, applying Fed. R. Civ. Proc. 4(k)(2) and concluding that the copyright infringement claims involving a foreign defendant were properly litigated in the United States. Lang...
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Standard Techniques Applied in Standard Way to Observe Natural Phenomena? Not Patent Eligible
By McDermott Will & Emery on Jul 28, 2022
Posted In Patents
In what may be another blow to diagnostic patents, the US Court of Appeals for the Federal Circuit affirmed the patent ineligibility of claims that it held to be directed to detecting natural phenomena by conventional techniques. CareDx, Inc. v. Natera, Inc., Case No. 2022-1027 (Fed. Cir. July 18, 2022) (Lourie, Bryson, Hughes, JJ.) CareDx...
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Since Vacatur Seeks Equitable Relief, Clean Hands Matter
By McDermott Will & Emery on Jun 30, 2022
Posted In Patents
In an opinion related to its 2021 ruling that a decision in earlier inter partes reexaminations of related patents had a preclusive effect that collaterally estopped the Patent Trial & Appeal Board (Board) from making new findings on the same issue, the US Court of Appeals for the Federal Circuit vacated the Board’s decision on...
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