PERFECT SURGICAL TECHNIQUES v. OLYMPUS AMERICA, INC. (Fed. Cir. 2016) (P) – Reasonable diligence for antedating a reference requires only that the diligence be reasonably continuous

by | Nov 15, 2016 | [sub] diligence, Inventorship

Reasonable diligence for antedating a prior art reference requires only that the diligence be reasonably continuous, not that attention be continuous throughout the critical period in order to be reasonable. Here, for example, a few periods of unexplained inactivity...

AMDOCS (ISRAEL) LIMITED v. OPENET TELECOM, INC. (Fed. Cir. 2016) (P) – Generic components working unconventionally to solve a particular technological problem is patent-eligible

by | Nov 1, 2016 | [sub] Alice step two, Subject Matter Eligibility

Generic components working in an unconventional fashion to solve a particular technological problem is patent-eligible under § 101. Here, for example, a network accounting system that used only conventional components (e.g., “gatherers”) was found to be...

SYNOPSYS, INC. v. MENTOR GRAPHICS CORPORATION (Fed. Cir. 2016) (P) – Improvements to mental processes as opposed to computer efficacy do not qualify as an inventive concept

by | Oct 17, 2016 | [sub] Alice step two, Subject Matter Eligibility

Improvements to mental processes as opposed to computer efficacy do not qualify as an inventive concept for establishing patent eligibility under the second step of Mayo/Alice. Here, for example, claims to an improvement in the design process for a logic circuit...

POLY-AMERICA, L.P. v. API INDUSTRIES, INC. (Fed. Cir. 2016) (P) – Disparaging a particular feature in the prior art generally constitutes a disclaimer of that feature

by | Oct 14, 2016 | [sub] specification, Estoppel / Disclaimer

Disparaging a particular feature in the prior art generally constitutes a disclaimer of that feature in the claimed invention. Here, for example, a trash bag with so-called “short seals” in its upper corners was found to be limited to a design in which the short seals...

FAIRWARNING IP, LLC v. IATRIC SYSTEMS, INC. (Fed. Cir. 2016) (P) – The automation of rule-processing is an abstract idea if the improvement is the automation not the rule

by | Oct 11, 2016 | [sub] Alice step one, Subject Matter Eligibility

The automation of rule-processing is a merely directed to an abstract idea if it is the automation rather than the rule that improves a technological process. Here, for example, claims reciting the automation of fraud and misuse detection were found to be directed to...