Patent Riffs and Links – Year in Review Links

Software Patent Eligibility at the Federal Circuit 2017 | IPWATCHDOG
“If there was a theme that emerged in 2017 it is the necessity to have what is specifically innovative disclosed in the claims. While not a particularly new concept, there were cases in 2017 where the Federal Circuit acknowledged that a patent eligible innovation may well have been disclosed in the specification, but which was not found in the claims. With many legacy software patents the description of the technology (if one actually existed) was only in the specification while the claims were written to be quite broad. The Federal Circuit requires both a thick technical description of the innovation and why it is an improvement (see Enfish) and incorporation of what is innovative into the claims. Incorporating specifics into claims is something that has for a variety of reasons been avoided by some practitioners not wanting claims of narrower scope. Today those extremely broad claims do little more than contaminate the entire patent given that focus will be placed on the most broad and easily invalidated claim, which will be deemed representative.”

Intellectual Property Roundtable | CALLAWYER
“ICHAVEN: Do you think Delaware will become the new Eastern Texas? Do you think it will become overwhelmed?

POWERS: Well, Delaware is about to get their two vacant judgeships filled. Those two new judges don’t have a track record yet. Delaware is not a defendant-unfriendly jurisdiction. I think you’re going to see Delaware as a very, very dominant place for patent litigation going forward.

MARINO: Delaware will become overwhelmed just because it’s the default now. I tend to agree with Matt Powers that it’s not going to have the same draw to plaintiffs that the Eastern District of Texas has.”

Trump Nominates Connolly, Noreika for Delaware District Court | LAW
Judges – “President Donald Trump late Wednesday nominated Morgan, Lewis & Bockius partner Colm F. Connolly and Maryellen Noreika, a partner with Morris, Nichols, Arsht & Tunnell, to serve as federal judges on Delaware’s district court…As Delaware Law Weekly reported in October, the White House’s selection of the two high-profile Wilmington attorneys was the product of a deal struck with the state’s two Democratic senators, as the shorthanded U.S. District Court for the District of Delaware faced a growing backlog of cases spurred by a surge in patent filings…Connolly, a Republican and former U.S. attorney, currently heads Morgan Lewis’ Wilmington office, where he practices commercial and intellectual property litigation. Noreika, a Democrat, is a member of Morris Nichols’ intellectual property litigation group with deep experience litigating patent cases involving pharmaceuticals, biotechnology, medical devices and consumer products.”

Fed Gov’t Updates | PATENTLYO
“Tax plan: No patent box this year. Instead, all corporations get a tax break regardless of whether they are engaged in innovative or beneficial activities.”

The Year in Patents: The Top 10 Patent Stories from 2017 | IPWATCHDOG
Gene Quinn’s list of what missed the cut is likely just as noteworthy: “It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into the year ahead. 2017 was a busy year in the patent world, although change was not as cataclysmic as it had been in past years, such as 2012 when the PTAB and post grant challenges began, in 2013 when AIA first to file rules went into effect, or in 2014 when the Supreme Court decided Alice v. CLS Bank. It was, nevertheless, still an interesting year.”