News

Recent News on the Federal Circuit

Here’s the latest.

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Featured / Symposia

Online Symposium: The CBM Program Should Expire This Week as Provided by Law—Effective Alternatives for Robust Administrative Reviews of Issued Patents Remain

Guest post by Ron D. Katznelson, Ph.D.

The Transitional Program for Covered Business Method Patent Review (CBMR) was enacted in § 18 of the America Invents Act (AIA) for reviewing issued Covered Business Method (CBM) patents – patents that claim “a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service.”[1] The AIA also set a sunset expiration date for CBMR on September 16, 2020.[2] For the reasons explained below, CBMR should expire this week as intended and enacted in the AIA. As further explained below, those who wish to challenge CBM patents after that date, can effectively do so using any of the three alternative administrative proceedings at the US Patent & Trademark Office (PTO) that remain available with no sunset expiration, or by federal court action.

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Featured / Symposia

Online Symposium: The Lackluster Revolution of CBM Review

Guest post by Saurabh Vishnubhakat

As the Transitional Program for Covered Business Method (“CBM”) Review reaches its sunset date, it is useful to consider the design and implementation of this program and what lessons can be drawn from its eight-year run. Of particular interest are two unusual aspects of CBM review that have interacted with each other in instructive ways.

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Featured / Symposia

Online Symposium: Will the CBM Program Retire Too Early?

Guest Post by Joseph Matal and David McCombs

The Transitional Program for Covered Business Method (“CBM”) Review will come to an end on September 16, 2020, after eight years. In our view, the CBM program’s brief history is a cautionary tale about the costs that are imposed on the system when the Supreme Court delays in rectifying a mistake.

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News

Recent News on the Federal Circuit

Here’s the latest.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. In Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court vacated a judgment of the Federal Circuit, holding unanimously that trademark owners do not have to show an infringer’s willfulness as a precondition to a profits award. In an April report, Adjusting to Alice, the USPTO claims that the guidance it provided after the Alice decision decreased the unpredictability of patent examination. On Law.com, Scott Graham suggests that the Federal Circuit could soon reconsider its decision in Arista Networks v. Cisco Systems.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including an article highlighting a recent case addressing a question of first impression, a commentary on the current stage of patent eligibility law, and a blog post related to a recent petition for certiorari.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles related to patent eligibility and another related to the Federal Circuit’s use of summary affirmances.

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