- Last week, the U.S. Supreme Court issued its unanimous opinion in Association for Molecular Pathology v. Myriad Genetics, where the Court held that Myriad’s claims on isolated genes were not patent-eligible subject matter under Section 101. Patently-O has a good round-up on the decision, as well as some thoughts from various members of the patent community.
- Also last week, the Patent Trial & Appeal Board issued its first covered business method review opinion (SAP v. Versata), where it invalidated the challenged claims of a Versata patent (a patent on which Versata had earned a $345 million infringement award that was recently upheld by the Federal Circuit), finding that the patent was directed to an unpatentable abstract idea. As a result, Gene Quinn at IP Watchdog wonders if the PTAB just effectively killed software patents.
- In case you missed it on Friday, an en banc Federal Circuit ruled that it has jurisdiction to hear an appeal of liability issues prior to a determination on damages or willfulness. Many have speculated this will lead to increased bifurcation of liability and damages issues during patent cases. (Patent Alert – Bosch v. Pylon)
- Finally, we’ll leave you with a bit of levity on this Monday. We’ve noted recently that non-practicing entities have been criticized for targeting all types of potential infringers, even end users like coffee shops, restaurants, and hotels. As it turns out, even long-deceased dictators from the Third Reich may not be safe from so-called “patent trolls.” (via Mark Summerfield of Patentology)