USPTO News & Developments

By: Andreas Baltatzis  |   April 8, 2015

I recently attended a couple of events that included representatives from the USPTO. They shared some items of information that I thought were interesting and would like to share. I would also like to commend the USPTO for their continued outreach with the IP community.


What to think about the December 2014 USPTO Guidelines on Natural Products

By: Andreas Baltatzis & Thomas Powers  |   March 2, 2015

On December 16, 2014, the USPTO issued new Guidelines and Examples for the subject matter eligibility of “Nature-derived products” under Section 101. These guidelines replace the much-derided March 2014 edition. We believe that the new guidelines are much improved from the previous version and represent movement in the right direction in view of the case law including Myriad. Most importantly, the new guidelines favorably address the issue of whether a nature-derived product is “markedly different” from a natural product.

Teva v. Sandoz

By: Justin Crotty & Andreas Baltatzis  |   January 27, 2015

The Supreme Court has redefined the structure of appellate review in patent cases in a way which enhances the role of district courts, diminishes the discretion of the Federal Circuit and has important but uncertain implications for all intellectual property practitioners. Teva Pharmaceuticals U.S.A., Inc., et al. v. Sandoz, Inc. et al. considers the standard of review on appeal when issues in claim construction have evidentiary underpinnings.

Ending The Open Season on Software Patents

By: Kyle J. Trout  |   December 10, 2014

DDR Holdings v.

In the months following the Supreme Court’s decision in Alice Corp v. CLS Bank, the Federal Circuit has made liberal use of the two-pronged abstract idea test to find software and business method patents invalid under 35 U.S.C. § 101. Under Alice, the test for determining whether a patent claim encompasses an ineligible abstract idea is to 1) determine that the claim involves such an abstract idea, and 2) determine whether that claim recites something “significantly more” than the abstract idea. 

Managing Risk in the Age of the Patent Troll

By: Kyle J. Trout  |   April 24, 2014

Our article "Managing Risk in the Age of the Patent Troll" has recently been published in the Westlaw Journal.  Below are the links to Part 1 & Part 2 of the article as they appear in the journal itself.  Additionally, we have previously hosted a conference on this topic in New Orleans, the video of which is in our blog below.