A Bad Day For This Patent Applicant: Travel Itinerary Applications Ineligible Under Section 101

In the case of In re Bongiorno, No. 2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May 19, 2021), patent applicant James Bongiorno appealed the Patent Trial and Appeal Board’s (PTAB) finding that two of his patent applications were directed to patent-ineligible subject matter under Section 101. Each application related to “planning and executing a vacation or travel itinerary, and more particularly to software and a portable electronic unit, which may be dedicated to such planning […]

By | July 9th, 2022 ||

Telepharma Disconnect: Federal Circuit Reverses PTAB On Obviousness

On May 28, the Federal Circuit reversed a PTAB inter partes review (“IPR”) decision that held Baxter Corporation Englewood’s (“Baxter’s”) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art references: Alexander, Liff, and Morrison. The appeal involved telepharmacy technology for providing drug information to a pharmacist for approval while other non-pharmacists prepare the order. At issue on appeal were two limitations of the 8,554,579 (“579 patent”), referred to as the “verification limitation” […]

By | June 26th, 2022 ||

Patent Owners May Tend To Sue For Infringement And Negotiate Later

For a patent owner wishing to stop infringement, there have historically been two options in reaching out to an infringer in another state. The first, more expensive option, has been to file an infringement action in the patent owner’s home state and then negotiate with the infringer. The second, less expensive option, has been to attempt to negotiate a patent license with the infringer in another state without filing any infringement action.

The Federal Circuit’s Red […]

By | June 11th, 2022 ||