The USPTO has published revised subject matter eligibility guidelines for examination of claims under 35 U.S.C. 101, which went into effect on January 7, 2019.

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The USPTO has initiated a new pilot program for motions to amend in AIA trial proceedings before the Patent Trial and Appeal Board, effective on March 15, 2019.

The PTAB recently designated a handful of decisions as precedential.​

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Firm News

The U.S. Supreme Court will hear oral arguments this February in Return Mail, Inc. v. United States Postal Service (Supreme Court Docket No. 17-1594).  The Court will consider whether the U.S. government is a “person” who may petition to institute an AIA trial proceeding (inter partes review, post-grant review, or covered business method review) in the Patent Trial and Appeal Board of the United States Patent and Trademark Office, and whether a Section 1498(a) action against the U.S. government constitutes being “sued for infringement.”

The U.S. Supreme Court recently issued two decisions in copyright cases.​

In re Forney Industries, Inc., 127 U.S.P.Q.2d 1787 (TTAB 2018); and February 15, 2019 Notice of Proposed Rulemaking.

On January 22, 2019, the U.S. Supreme Court issued a decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. (U.S. Supreme Court docket no. 17-1229), a patent case involving the meaning of “on sale” in Section 102(a)(1) of the Patent Law as enacted in the America Invents Act (AIA) of 2011.

On February 1, 2019, the Federal Circuit issued a decision in Mylan Pharmaceuticals Inc. et al. v. Research Corporation Technologies, Inc. (Federal Circuit docket no. 17-2088).  In this case, Research Corporation Technologies (RCT) argued that the appellants (Mylan, Breckenridge, and Alembic), who were joined to the IPR proceeding, lack standing to appeal the final written decision of the PTAB to the Federal Circuit.

Fildes & Outland, P.C.