USPTO Director Signals Continued Pro-Patent Discretionary Denial Policy at the Patent Trial and Appeal Board
In a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc., USPTO Director Squires denied IPR institution and reinforced the policy framework for discretionary denial at the PTAB, signaling a policy of using discretionary denial to allow the PTAB to serve as an alternative to, not an expansion of, district court patent litigation.
Yi Zhou and Ben Katzenellenbogen Analyze Inconsistent Applications of the Alice Test in Software Patent Litigation for Reuters Westlaw
Yi Zhou (Elena) & Ben Katzenellenbogen
In a recent Reuters Westlaw article, Knobbe Martens lawyers Yi Zhou and Ben Katzenellenbogen discuss the Federal Circuit’s decision in USAA v. PNC Bank and its implications for patent eligibility under the 35 U.S.C. § 101 and the Alice framework. Reviewing USAA and related decisions from the last decade, Zhou and Katzenellenbogen highlight ongoing inconsistencies in how courts apply the Alice test to software-related inventions under Section 101, underscoring the significant role that the court’s initial characterization of a claim plays in determining patent litigation outcomes.
In Law360 Column, Sean Murray and Jeremiah Helm Explore Limits of Retroactivity in IPR Proceedings
Sean Murray & Jeremiah S. Helm, Ph.D.
In the latest installment of their monthly Law360 column covering recent noteworthy Federal Circuit decisions, Knobbe Martens partners Sean Murray and Jeremiah Helm discussed the court’s opinion on retroactivity in Implicit LLC v. Sonos Inc.
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