A. Shane Nichols
Diehr Alice, Yu are Superimposing Novelty onto Patent Eligibility. Love, Newman.
By A. Shane Nichols on Jun 24, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of a Rule 12(b)(6) motion to dismiss on the basis that, under the two-step Alice analysis, the patent claims—directed to a digital camera—were directed to ineligible subject matter under 35 U.S.C. § 101. Yu, et al. v. Apple Inc., et al.,...
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Chill: Full Recoupment of Investment Not a Bar to Equitable Intervening Rights
By A. Shane Nichols on Mar 4, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of equitable intervening rights, protecting an alleged infringer from liability for activity that would otherwise infringe patent claims that were substantively and substantially altered during re-examination of the patent. John Bean Technologies Corp. v. Morris & Associates, Inc.,...
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