New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Federal Circuit

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Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 2

This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds.  Here, Step 2 decisions are explored in more detail, with a focus on additional lessons learned during the Step 2 analysis. Surviving Step 2—which requires that the claims include “significantly more” than the abstract idea itself—often … Continue Reading

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 1

It has now been over three years since the U.S. Supreme Court handed down its transformative patent decision in Alice Corp. v. CLS Bank.  During that time, the Federal Circuit has issued only a precious few decisions upholding the validity of software patent claims.  Thus, it is critical that patent applicants and practitioners understand the … Continue Reading

The Federal Circuit’s Standing Requirement to Appeal Patent Office Decisions

In a recent landmark decision, the Court of Appeals for the Federal Circuit announced that not all inter partes review (“IPR”) proceedings at the U.S. Patent Office can be appealed. While anyone can file an IPR petition, not all persons can appeal. For petitioners without standing, i.e., an “injury in fact,” the Patent Office’s Patent Trial and … Continue Reading

On Appeal, No Fee Shifting Credit for LevelUp

In a recent patent appeal involving a Boston-based mobile payment startup, the Court of Appeals for the Federal Circuit signaled its reluctance to disturb district courts’ discretion in fee shifting decisions. The Federal Circuit affirmed, without a written opinion, the District of Massachusetts’ decision denying LevelUp an award of attorneys’ fees, even though LevelUp had won summary … Continue Reading

Congratulations to Proskauer’s Mark Harris, Named “Litigator of the Week” for Biosig Patent Victory at the Federal Circuit

We wish to express our congratulations to Proskauer’s appellate litigator Mark Harris, who spearheaded a significant patent litigation victory on April 27 when the Federal Circuit reaffirmed a decision vacated by the Supreme Court, ruling in favor of Biosig Instruments in what is now the leading case concerning whether patent claims are invalid as indefinite. The Am Law … Continue Reading
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