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Articles 1 - 4 of 4
Full-Text Articles in Law
Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud
Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud
Jonathan R. K. Stroud
Tasked in 2011 with creating powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeal Board—set to creating a fast-paced trial with limited discovery and concentrated efficiency. For two years, the proceedings have proved potent, holding unpatentable many of the claims that reached decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. The AIA exempted institution decisions from appellate …
One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood
One Hundred Nos: An Empirical Analysis Of The First 100 Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood
Jonathan R. K. Stroud
Tasked in 2011 with creating three powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeals Board—set to creating a fast-paced trial with minimal discovery and maximum efficiency. In the first two years of existence, the proceedings have proved potent, holding unpatentable many of the claims that reach decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. Parties on …
A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward, Jonathan Stroud
A Thousand Tiny Pieces: The Federal Circuit's Fractured 'Myriad' Ruling, Lessons To Be Learned, And The Way Forward, Jonathan Stroud
Jonathan R. K. Stroud
The Supreme Court granted, vacated, and remanded the infamous Myriad gene isolation patentability case to the Court of Appeals for the Federal Circuit (CAFC) in light of the recent Prometheus decision, which held 9-0 that a certain diagnostic method was invalid subject matter because it was an abstract idea merely modified by other obvious steps. This Essay argues that Myriad should be affirmed again by the Federal Circuit, particularly in light of Prometheus, in order to inject certainty, clarity, and consistency into the § 101 patentable subject matter jurisprudence
Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud
Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud
Jonathan R. K. Stroud
Tucked into the America Invents Act is the first statutory exemption for any patentable subject matter. Section 33 renders unpatentable all claims “encompassing a human being.” By recognizing a vague subject matter – exception for human beings despite the fact that internal policies had long militated against such patent claims, Congress has politicized the patent law to an unheard-of degree. While textually consistent with internal USPTO policy, the passage of § 33 should not be seen as an invitation to litigators to expand § 101 unpatentable-subject-matter challenges to validity by including arguments that medical methods, genetic tests, biological chimeras, or …