January 18, 2018
On January 16, Fitch Even partner Thomas F. Lebens copresented a webinar, “How to Strategically Incorporate Ex Parte Appeals into Your Practice," to the American Intellectual Property Law Association (AIPLA) Corporate Practice Committee. The topics discussed included understanding USPTO incentives; factors affecting the decision to appeal; comparison of prosecution options; working with the examiner; patent term adjustment; pre-appeal brief reviews; PTAB affirmance and reversal statistics, including specific grounds for affirmance and reversal; and more.
IP Alert | Knowledge Within the Art Does Not Save Means-Plus-Function Claim Term Lacking Corresponding StructureFebruary 19, 2021
On February 12, in Synchronoss Technologies, Inc. v. Dropbox, Inc., the Federal Circuit affirmed that certain of Synchronoss's claims were invalid for indefiniteness, since the claims included a means-plus-function claim term that did not have adequate structural support in the specification. Read more
IP Alert | Customer Loyalty Program Does Not Claim Patent-Eligible Subject MatterFebruary 16, 2021
On February 8, in cxLoyalty, Inc v. Maritz Holdings, Inc., the Federal Circuit invalidated a patent for failure to claim patentable subject matter, reversing findings of the PTAB relating to substitute claims in a CBM review. Read more