McDermott Will & Emery
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By McDermott Will & Emery on Mar 19, 2020
Posted In America Invents Act, Patents
Applying the US Supreme Court’s Alice v. CLS framework, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB) finding patent claims directed to data management and processing systems for merely storing advertising data were not patent eligible under 35 U.S.C. §101. Customedia Techs., LLC v. Dish Network...
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Practicing Product Must Be Essentially Claimed Invention to Link Secondary Considerations to Patent Claims
By McDermott Will & Emery on Jan 15, 2020
Posted In Patents
Raising the hurdle for proving secondary considerations, the US Court of Appeals for the Federal Circuit found that the “coextensiveness” requirement for purposes of nexus requires that the practicing product be “essentially the claimed invention.” FOX Factory, Inc. v. SRAM, LLC, Case No. 18-2024, -2025 (Fed. Cir. Dec. 18, 2019) (Prost, J.). Bicycle chainrings are...
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