RecogniCorp v. Nintendo—Alice Keeps Playing at the Federal Circuit

RecogniCorp v. Nintendo—Alice Keeps Playing at the Federal Circuit

Author: Elliot C. Cook
Editor: J. Derek McCorquindale

In the nearly three years since Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the Federal Circuit has analyzed the issue of patent-eligibility in the context of numerous distinct technologies. The court’s precedent applying Alice addresses patents directed to financial services, Internet content filtering, database maintenance, payment-based content access, animated facial gesturing, physical object tracking, distributed data processing, and more. One takeaway is that no technological discipline is, per se, eligible or ineligible. Instead, the outcomes of these cases are better explained by the specific inventions at issue and how they are claimed. RecogniCorp, LLC v. Nintendo Co., Ltd., No. 2016-1499 (Fed. Cir. Apr. 28, 2017), confirms this lesson. Continue reading

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For third party submissions under 35 U.S.C. 122(e), the real party in interest can remain anonymous by having someone else make the third-party submission for them, but the submitter cannot remain anonymous.

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Markush Groups: Traps for the Unwary

Author: Amy Proctor
Editor: Adriana L. Burgy

While many patent examiners prefer Markush claims, which recite lists of alternatively useable species, to be formatted as “selected from the group consisting of A, B, and C,” Applicants should carefully consider claim construction before adopting this format. “A trap for the unwary claim drafter using Markush group language is the severely closed nature of a Markush group.”  3-8 Chisum on Patents § 8.06 (2017).
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The USPTO’s After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended through September 30, 2017. Additional information on AFCP 2.0 can be found here.

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The USPTO’s eMOD project seeks to improve the electronic patent application process by modernizing its filing and viewing systems. More information on the eMOD system can be found here.

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