Paradoxically, I’m going to celebrate receiving my second patent this morning (9,955,784 is my new favorite number) with analysis of what’s happening locally regarding the patentable subject matter defense under Section 101 following the Federal Circuit’s opinion in Aatrix Software, Inc. v. Green Shades Software, Inc., 882 F.3d 1121 (Fed. Cir. 2018).
I have had a few requests for some attention to that specific issue, and wanted to let people know what I’ve seen so far locally.
This recent order resolves a motion to compel and for discovery sanctions in a patent case dealing with issues of (1) which products were actually in the case; and (2) whether a late disclosure was curable.
I’m working on a trio of cases today, all of which deal with claim construction. The first case includes – buried deep in a 117 page order a finding of indefiniteness with respect to a means-plus-function term that it worth analysis. Of course any opinion of that length will also have a wealth of useful standards that serve as a snapshot of what at least one court understands to be the law as of the end of January, in the year of our Lord 2018 (actually 2011 but once upon a time there was a monk that wasn’t so strong in math, and the rest is, literally, history).
Standing is a necessary prerequisite for any case. This recent opinion by Judge Craven goes into detail on what actions do not confer standing, and are a good read if you have a standing issue – or hope you do (or don’t).