Statute
35 U.S.C. § 102
55 published works
Patent Law Weblog
The Mental Process Exception to Patentability is Absurd, but Here’s a Quick Fix
By Michael Borella –Grab a pencil. Now train a large language model.Not a big one, mind you. Let’s go small, something in the range of a few billion parameters, trained…
PTABWatch
When Metadata Corroborates Inventor Testimony
An inventor’s testimony of his/her invention date requires independent corroboration. But can that evidence come from a machine rather than a person? In Google LLC v. Valtrus Innovations Ltd., Appeal…
Harness Dickey Blog
You Just Raised. Here Is the IP Work That Should Happen in the Next 90 Days.
A post-financing punch list for companies without in-house IP counsel The wire hit your account. The board wants a hiring plan. Product, sales, and a new market are funded…
PTABWatch
Federal Circuit Ignores Precedent, Applies Collateral Estoppel
In mCom IP, LLC v. City National Bank of Florida (Fed. Cir. May 15, 2026), the Federal Circuit affirmed a district court decision dismissing mCom’s patent infringement complaint under Rule…
PTAB Litigation Blog
PTAB Issues Notice of Discretionary Denial Rulemaking
Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Matt Johnson – On October 17th, the PTAB issued a Notice of Proposed Rulemaking regarding criteria for the Office to apply…
Harness Dickey Blog
Enablement, Anticipation, and Claim Strategy: Rethinking Biotech Patent Drafting Post-Agilent
For anticipation under 35 U.S.C. § 102, a prior art reference must disclose each and every element of the claimed invention, and such disclosure must be enabling. The recent Federal…
PTAB Litigation Blog
Institution Denied for Insufficient Publication Evidence
Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By David Linden, Ernie Olesky, and Dave Maiorana – On October 29, 2024, BabyBjörn AB (“BabyBjörn”) filed two separate petitions for inter…
The Patent Playbook
<em>Ingenico Inc. v. IOENGINE, LLC</em>: Federal Circuit Resolves the IPR Estoppel Split
In what is certain to become a landmark decision, the Federal Circuit has resolved a long-standing question that divided patent litigators and judges alike: does IPR estoppel apply to physical…
PTAB Litigation Blog
Petitioner’s Proof of Printed Publication Falls Short
Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Mike Lavine – On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key…
ILN IP Insider
Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?
By Daniel H. Bliss of Howard & Howard
Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the…