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In nature, new threats arise to threaten the survival of a
species. But sometimes, a percentage of the threatened population
will possess a genetic mutation that coincidentally provides a
defense to the threat (e.g., resistance to a toxic substance).
These genetic anomalies are generally harmful to the species. But
the new threat turns the tables. Soon, the genetically normal are
dying off, while the mutants become dominant—even though they
still suffer from the mutation's harmful effects. Science calls
this natural selection.
The patent system just witnessed an instance of
"legal" natural selection. This selection was triggered
by a perceived threat to American innovation: patents on computer
software. In response to this "threat," courts have
searched the common law—the DNA of the patent
system—seeking a solution to the software-patent
"threat." And they found it: a line of cases—a
mutated string of patent DNA—interpreting patent
subject-matter eligibility under 35 U.S.C. 101. In this article,
Finnegan attorney Cortney S. Alexander discusses how this
mutated version of § 101 affects the American patent
system.
Originally published in SD Times
The content of this article is intended to provide a general
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16 Jan 2019, Conference, Washington, DC, United States
Finnegan partner Lionel Lavenue will present “The Technology Accelerates: IP Issues at the Cutting Edge” during the Embry-Riddle Aeronautical University Aviation Law & Insurance Symposium.
The program will consider how the Federal Circuit will address potential review issues and strategies in PTAB proceedings to build a record and preserve issues for appeal.
22 Jan 2019, Webinar, Washington, DC, United States
As part of Strafford Publications’ webinar series, Finnegan partners Shana Cyr and Mark Feldstein will provide essential updates on FDA practice and patent law relating to biologics and biosimilars.
The program will consider the current state of and recent changes to FDA initiatives, approvals and exclusivities, as well as patent prosecution, post-grant proceedings and litigation.
This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Federal District Courts penned a number of opinions impacting patent law.
In March 2018, the Ninth Circuit Court of Appeals rendered a landmark decision in the copyright infringement litigation surrounding Pharrell Williams and Robin Thicke's song, "Blurred Lines."
Change driven by development of intellectual property ("I.P.") is now a constant. Whether the I.P. user is a tax adviser accessing a digital library, an auto mechanic interfacing with an engine...
Chen, J. Affirming the PTAB's decision that the patent applicant's claims were correctly rejected under 35 U.S.C. § 101 for claiming patent-ineligible subject matter.
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