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The View Ahead for Software Patent Applications: USPTO Releases Update to Guidance on Patent Subject Matter Eligibility

This article is cross-posted with permission from Bereskin & Parr. The United States Patent and Trademarks Office (USPTO) has released an updated set of Eligibility Examination Guidelines to provide guidance to examiners on when to reject claimed inventions as ineligible abstract ideas. These guidelines give a sense of what computer-implemented subject matter the USPTO considers […]

Kimble v Marvel gets caught up in SCOTUS's web

United States Supreme Court Justice Elena Kagan is a fan of comics. If you had not already read that in her bio at SCOTUS-tracking blog Supreme Court Review, you might have inferred it from the Spiderman references she included in her Kimble v. Marvel ("Kimble") decision. She even supported her final decision, declining to overturn the limits […]

A Dose of Consistency: SCOTUS Settles the Controversy in Teva v Sandoz for Patent Litigation

In Teva Pharmaceuticals USA Inc  v Sandoz Inc, a patent infringement case evolved into an opportunity for the Supreme Court of the United States (SCOTUS) to settle a decades-long controversy regarding how the Federal Circuit should review patent construction claims. By convention, the Federal Circuit has reviewed such claims de novo, ignoring Rule 52(a) of […]

US Supreme Court Dials up Privacy Rights of Cell Phones During Arrest

Courts and privacy advocates across North America have long faced challenges in resolving the questions of whether police officers should be given the right to search the contents of cellphones of an arrestee and if yes, when and under what circumstances this should be permitted. The Supreme Court of the United States has taken the […]

Marvel’s Misadventures in the Kirby Copyright Chronicles

Marvel may have to call in The Avengers for help with this one. The comic giant filed papers on July 14th arguing to the U.S. Supreme Court that it should not review the Second Circuit appeal court's decision in Marvel Characters, Inc. v Kirby. The case concerned whether the estate of legendary comic book artist Jack Kirby […]