✅ Free Post: Patent Exceptionalism and Procedural Silence: A New Challenge to Federal Circuit Practice

Legal

By Dennis Crouch A compelling new petition for certiorari submitted by Island Intellectual Property LLC challenges both the Federal Circuit’s frequent use of one-word Rule 36 affirmances and what petitioner sees as an improper Federal-Circuit patent-specific exception to summary judgment standards. I like this case as an important vehicle for addressing transparency issues that have been plaguing patent appeals for years. Read the Petition: Island IP Petition Island’s U.S. Patent 7,509,286 claims methods for providing flexible interest allocation for insurance products using deposit sweep systems. The district court granted summary judgment of invalidity under § 101 based upon its similarity to the financial invention in Alice Corp., despite the patentee presenting over 1,400 pages of ...

patentlyo.com     Oct 23, 2024