Tag Archive for 35 usc § 101

A Different Bite At The Subject Matter Apple

Utility patents aren’t the only form of patent, much less the only form of intellectual property.  While not a frequent subject of discussion in comparison to its much better known cousins, the utility patent and the design patent, the plant patent is still relevant and provides a useful example of how to protect subject matter…

What Are We Really Talking About When We Talk About § 101?

After the Senate’s recent § 101 hearings, Senators Tillis and Coons seem to have remained steadfast in their belief that patentable subject matter is a real problem for U.S. innovation.  (It’s not.) But there’s a particular flaw in their belief. In a recent article penned by the two Senators, published in Law360, they state that…

Sunshine: Eclipse Promises Not To Sue Californians

Remember Shipping and Transit?  The notorious NPE went bankrupt last year after its campaign against everyone from transit app developers to city transit authorities hit a few potholes.  Following a decade-long licensing and litigation campaign leveraging the high cost of patent litigation, including one year in which it filed more patent suits than anyone else,…