Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

May 2016 Archives

Two summers ago, a unanimous Supreme Court struck down patent protection for a computerized method of reducing "settlement risk" in financial transactions. Since that case, Alice Corp. v. CLS Bank International, IP attorneys and courts alike have struggled with how to treat software, computerized business methods.

But, the Federal Circuit's recent Enfish ruling may provide some guidance, opening the door to broader patent eligibility for inventions that might otherwise have been rejected for being abstract.

Federal Circuit's Decision Could Invalidate 13,500 Patents

The Federal Circuit Court of Appeals stands poised with its finger potentially over the big red button that would potentially invalidate some 13,500 continuation patents filed with the USPTO -- with 13,500 being a conservative number. If the court rules in favor of defendant HTC, right or wrong, it could spell a tidal wave of litigation over continued patents whose applications were filed the same day as the original parent application.

Thinking About Cutting Hair Isn't Patentable, Federal Cir. Rules

More and more it seems that the limitations of what can be patented are defined only by the USPTO's ability to craft walls around petitioner's dance steps -- which are likely patentable. In this piece, we look at the non-precedential case of In re Brown.

So, can you patent a haircutting selection technique? Most likely not, especially if you characterize it the way the Patent Trial and Appeals Board did.