Tag Archives: Judge Lourie

Interval Licensing v. AOL — Judge Plager’s Concurring Dissent

The majority of the panel in Interval Licensing v AOL, Appeal no. 2016-2502, -05, -06, -07 (Fed. Cir., July 20, 2018) affirmed the district court’s finding that claims 15-18 of U.S. Pat. No. 6,788,314 are invalid as attempting to claim … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , | Leave a comment

Bristol-Myers Squibb v. Merck – Mayo/Alice Rule Reaches Medical Treatment Methods.

In Bristol-Myers Squibb v. Merck, Civil Action No. 150572-GMS (D. Del., 2016), Bristol-Myers sued Merck for inducing infringement of U.S. Pat. No. 9,073,994. Claim 1 reads: “A method of treating a metastatic melanoma comprising intravenously administering an effective amount of … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , | 3 Comments

The “Top Ten” IP Stories of 2014 (Most “Definitely”)

I don’t think I can recall a more action-packed year for intellectual property law in my career, much less during the almost six years that I have been writing this blog. I am trying to write this while in transit, … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

K/S HIMPP v. Hear-Ware Technologies, LLC – Splitting a KSR Hair

In KSR, the Court seemed to encourage the broader use of the “logic, judgment, and common sense available to the person of ordinary skill that do not necessarily require explication in any reference” to resolve the obviousness question.  587 F.3d … Continue reading

Posted in Obviousness | Tagged , , , , , , , | Leave a comment