The Federal Circuit’s recent decision in cxLoyalty reminded patentees—in the first footnote—that USPTO guidance does not govern the Section 101 analysis: “We note that this guidance is not, itself the law of patent eligibility, does not carry the force of law, and is not binding on our patent eligibility analysis.
The Patterson Intellectual Property Law litigation team of Ryan D. Levy, Seth R. Ogden, William E. Sekyi, Mark A. Kilgore, and John F. Triggs secured a major win for client Wirtgen America on Monday, March 15th in the Federal Circuit decision in Caterpillar Prodotti Stradali v. ITC, case number 19-2445.
While most people understand what a “trademark” is—a brand name, logo, or short phrase—many are less familiar with “trade dress.” But while less well-known, trade dress can be used to protect designs, either by itself or in a layered approach with patents. The layered approach requires attention to the intersection of these two forms of intellectual property protection. Otherwise, patent [...]
Failing to Emphasize the Technical Problem and Solution Leads to Section 101 Invalidity: An Analysis of Simio, LLC v. Flexsim Software Products, Inc. (Fed. Cir. 2020) The Federal Circuit reviewed this case on appeal from the District of Utah, which granted a motion for dismissal on the pleadings under 35 U.S.C. § 101, finding that the claims at issue in U.S. Patent No. 8,156,468 were directed [...]