Sending Alice to Planet Blue

Forget “patent invalid because abstract”, the Planet Blue decision finds the real issue is “preemption.” Non-preemptive software claims are not abstract. In … Read more

Rapid Litigation: Biotech patent win

In “Rapid Litigation”, the Federal Circuit is further cleaning up the 35 USC 101 “abstract” patent eligibility mess caused by SCOTUS’s Alice and Mayo decisions.

Litigation by “unfair surprise”

Unfair surprise jack in the box

By American standards, European patent oppositions lack legal protections. By contrast, US PTAB patent trials don’t allow last minute “Chewbacca defenses”.