Did cosmic dust kickstart life on Earth?
Dust from outer space might be what set pre-life chemistry in motion and kept it going in the early days of the Earth.
Four Funerals: Recent PTAB 101 Decisions
I wanted to consider some recent PTAB jurisprudence on patent eligibility under 35 U.S.C. § 101. The following post reviews four recent eligibility cases. In all four cases the PTAB found the claims lacked eligibility. Two of the cases affirmed examiner rejections while the other two added eligibility as a new grounds for rejection after finding that the examiner erred in their 102/103 rejections. All four cases here involve communications technology where the patent applicant was seeking to claim the functional operational steps without describing any new “technology.” I have a second post coming with recent device 101 cases from the PTAB.
Ex parte Goytia, 23-4166 (P.T.A.B. Mar. 1, 2024) (Procore Techs.) Decision_2023004166_02-28-2024.
The claimed technology relates to a system for managing an inspection and test plan (ITP) for a construction project. Specifically, the claims recite a computer system for receiving definitions of inspection and test activities to be included in an ITP, designating users assigned to each activity, publishing the ITP to client stations associated with each user, restricting access to certain activities based on hold point conditions, receiving sign-off indications when users complete activities, and automatically enabling access to subsequent activities upon receiving sign-off of prerequisite activities.
Continue reading Four Funerals: Recent PTAB 101 Decisions at Patently-O.
Four Funerals: Recent PTAB 101 Decisions
I wanted to consider some recent PTAB jurisprudence on patent eligibility under 35 U.S.C. § 101. The following post reviews four recent eligibility cases. In all four cases the PTAB found the claims lacked eligibility. Two of the cases affirmed examiner rejections while the other two added eligibility as a new grounds for rejection after finding that the examiner erred in their 102/103 rejections. All four cases here involve communications technology where the patent applicant was seeking to claim the functional operational steps without describing any new “technology.” I have a second post coming with recent device 101 cases from the PTAB.
Ex parte Goytia, 23-4166 (P.T.A.B. Mar. 1, 2024) (Procore Techs.) Decision_2023004166_02-28-2024.
The claimed technology relates to a system for managing an inspection and test plan (ITP) for a construction project. Specifically, the claims recite a computer system for receiving definitions of inspection and test activities to be included in an ITP, designating users assigned to each activity, publishing the ITP to client stations associated with each user, restricting access to certain activities based on hold point conditions, receiving sign-off indications when users complete activities, and automatically enabling access to subsequent activities upon receiving sign-off of prerequisite activities.
Continue reading Four Funerals: Recent PTAB 101 Decisions at Patently-O.
More mental health services could keep people out of prison
Permanent housing, employment, and professional and/or peer support “are better than keeping people in jail and they’re 100% cheaper.”
Leap years go back to the ancient Romans
The concept of leap years finds its roots dating all the way back to the ancient Roman Empire, explains Charles Bartlett.
Condom use is down, but inclusive sex ed could help
Condom use among younger gay and bisexual has declined over the last decade, but sex education could help reverse the trend.
Condom use is down, but inclusive sex ed could help
Condom use among younger gay and bisexual has declined over the last decade, but sex education could help reverse the trend.
Covenant to not sue “at any time” terminated with the license agreement
by Dennis Crouch
The recent Federal Circuit decision in AlexSam, Inc. v. MasterCard Intl. Inc. provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Of importance to this case is understanding both their scope and their duration. The second half of the post delves into the jurisdictional hook that allowed the Federal Circuit to hear this case, even though it originated as a state law breach of contract claim, as well as analyzing whether MasterCard’s invalidity declaratory judgment counterclaim was truly compulsory, as required for Federal Circuit appellate jurisdiction. The post also notes a curious empaneling of judges. 22-2046.OPINION.2-28-2024_2277625.
Background
In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions. MasterCard moved for summary judgment, arguing that the broad covenant not to sue in the license agreement barred AlexSam’s lawsuit. The lower court agreed with MasterCard and dismissed the lawsuit, but the Federal Circuit has now reversed.
Covenant to not sue “at any time” terminated with the license agreement
by Dennis Crouch
The recent Federal Circuit decision in AlexSam, Inc. v. MasterCard Intl. Inc. provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Of importance to this case is understanding both their scope and their duration. The second half of the post delves into the jurisdictional hook that allowed the Federal Circuit to hear this case, even though it originated as a state law breach of contract claim, as well as analyzing whether MasterCard’s invalidity declaratory judgment counterclaim was truly compulsory, as required for Federal Circuit appellate jurisdiction. The post also notes a curious empaneling of judges. 22-2046.OPINION.2-28-2024_2277625.
Background
In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions. MasterCard moved for summary judgment, arguing that the broad covenant not to sue in the license agreement barred AlexSam’s lawsuit. The lower court agreed with MasterCard and dismissed the lawsuit, but the Federal Circuit has now reversed.
Will Russia benefit from climate change?
Russian officials have said the country stands to benefit from climate change, but is that actually true? Scholars dig in.