What Is Patentable? Making Sense of Section 101

Two hundred years after the United States was founded, drawing a line between what is patentable and what is not remains very much a live issue, one that the Supreme Court has addressed in each of the past three years. This article discusses the history of the 35 U.S.C. § 101, which defines patentable subject matter; the creation of judicial exceptions to patentable subject matter; and the factors that the Supreme Court considers in determining what is patentable.

A Primer on the America Invents Act

An examination of a few of the many changes introduced by the American Invents Act and how you can advise inventors regarding their patent needs in its wake.

Standard of Review for Claim Construction

A Look at the Past and Possible Concerns for the Future

Stopping Abusive Patent Litigants, Not Innovation

Small businesses are under assault from lawsuit-wielding patent trolls, and Congress is gearing up to stop them. But there are risks in the legislation being proposed. Here’s how to stop abusive litigants without undermining innovation or the Federal Rules of Civil Procedure.

Do Patent Trolls Have a Future?

Allegations of inequitable conduct in patent litigation are now relatively rare. Is there a future for patent trolls—those acquiring patents for the sole purpose of extracting royalty payments ?

Fresh Statistics Regarding the New Inter Partes Review Procedure

The First Nine Months

Patents in Paradise, Tropical Trademarks, and Caribbean Copyrights

The timeless and sagely advice to the effect that “[w]hen in Rome, do as the Roman do,” also serves as prudent counsel for trademark practitioners serving a client’s needs in United States territories and possessions.

Nonpracticing Entities Come to Delaware

The significant number of suits involving non-practicing entities in Delaware is a recent phenomenon. While district judges are managing these suits to the best of their abilities, it is reasonable to think, given the number of such suits and amount of wealth distribution, that some of the proposed legislation to stop these suits will be enacted by Congress.

Patent Infringers May No Longer Divide and Conquer Under an Induced Infringement Theory Following Akamai and Epic Systems

A summary of the patent infringement law as it stood prior to the decision and the facts and holdings of Akamai and Epic Systems.

Apportionment of Intellectual Property Value

Where Economic Theory Meets Legal Practice


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