In a recent newsletter, we discussed CLS Bank Int’l, et al. v. Alice Corp. Pty. Ltd. (Case No. 2011-1301)(Fed. Cir. 2012) and the Federal Circuit’s efforts to provide guidance as to the patentability of software in the wake of the Supreme Court’s
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In one of our recent posts, we discussed a technique (“poisoning the well”) that third parties can use to get the examiner who is handling a competitor’s patent application to consider prior art that is not currently of record. Instead of sending
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Many companies build an IP portfolio around particular products, and the portfolio evolves over time as new refinements and improvements to the original concept are developed. This sometimes raises the question of whether various different inventions should be consolidated into a single
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The process of examining U.S. patent application is ex parte and does not involve third parties. The examination is based on the prior art that the applicant submits to the Patent Office and the prior art that the examiner uncovers in his
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