For our weekly SoCal IP Institute meeting on Monday, November 4th, 2019, we will discuss the following case and updates:
October 2019 Update: Subject Matter Eligibility. (here)
The USPTO has released further guidance on subject matter eligibility. Specifically the PTO update covers:
(I) evaluating whether a claim recites a judicial exception;
(II) the groupings of abstract ideas enumerated in the 2019 PEG;
(III) evaluating whether a judicial exception is integrated into a practical application;
(IV) the prima facie case and the role of evidence with respect to eligibility rejections; and
(V) the application of the 2019 PEG in the patent examining corps.
Liqwd, Inc. v. L’Oreal (CAFC 2019) (here)
Liqwd, Inc. appealed from a decision by the PTAB that certain claims in its patent on formulations and methods of keratin treatment were unpatentable for being obvious. The PTAB found that L’Oreal used Liqwd’s confidential information and copied Liqwd’s patented method. On appeal, the CAFC found the Board disregarded its factual finding when concluding that the copying involved was legally irrelevant. The CAFC found that conclusion to be an error and vacated the PTAB’s obviousness determination.
All are invited to join us on Monday November 4th, 2019 at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.