Monthly Archives: October 2021

DC section 101 ineligibility decision reversed as “the particular arrangement of steps in claim 1 provides a technical improvement” over conventional methods

CosmoKey Solutions Gmbh & Co. KG v. Duo Security LLC et al. Docket No. 2020-2043 ( O’MALLEY, REYNA, STOLL October 4, 2021 Brief Summary:  DC decision finding CosmoKey’s claims unpatentable under section 101 reversed (e.g., “the particular arrangement of steps … Continue reading

Posted in Patent Eligibility (101), Patentability, Section 101 (see also Patentability), Software | Leave a comment

Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”

In Re:  Surigisil, LLP et al. Docket No. 2020-1940 ( MOORE, NEWMAN, O’MALLEY October 4, 2021 Brief Summary:  Board decision finding design patent claim anticipated by art tool prior art reversed (e.g., “the claim is limited to lip implants and … Continue reading

Posted in Design Patents, Medical Devices | Leave a comment

FC panel finds PTO has the authority to reconsider ex parte reexamination under § 325(d)

In Re:  Vivint, Inc. Docket No. 2020-1992 ( MOORE, SCHALL, O’MALLEY September 29, 2021 Brief Summary:  PTO has the authority to reconsider ex parte reexamination under § 325(d). Summary:  Vivint appealed USPTO denial of its request to dismiss’s request … Continue reading

Posted in Inter Parties Review (IPR), IPR, Reexamination | Leave a comment

DC’s finding of no willfulness reversed, enhanced damages and attorney fees affirmed

SRI International, Inc. v. Cisco Systems, Inc. Docket No. 2020-1685, -1704 ( DYK, PROST, HUGHES September 28, 2021 Brief Summary:  DC finding of no willfulness reversed; grant of enhanced damages and attorney’s fee affirmed. Summary:  SRI appealed DC denial of … Continue reading

Posted in Attorney's Fees, Damages, Infringement, Willfullness | Leave a comment