CAIL ILT 57th Annual IP Law Conference

Enjoyed moderating the judges panel with Judge Barker from EDTX and Judge Clark Cheney from the ITC today at the ILT’s IP Law Conference at CAIL. Judge J. Campbell Barker for EDTX-Tyler and Judge Clark Cheney from the International Trade Commission discussed their practices and provided pointers on written and oral advocacy at the ILT’s annual IP Law conference at CAIL today. Both are former clerks to CAFC judge William C. Bryson, so there was a lot of agreement, and I had a great time working with them to prepare the presentation. They also exchanged their favorite typographical formatting cheat codes, but I’m sworn to secrecy on that.

“The only thing clear about the appropriate test for patent-eligible subject matter is that it is unclear.”

Last week a Marshall jury found by clear and convincing evidence that, from the perspective of a person of ordinary skill in the art, the asserted claims only involved activities that were well-understood, routine, and
conventional as of the relevant date. But why were they asked this?