Business Method Patents after In re Bilski - An Assessment from US PAIR

“the decision of In re Bilski, wherein the Federal Circuit abandoned much of its precedent dealing with the section 101 eligibility of method claims and substituted a "machine-or-transformation" test, thus casting substantial doubt on the continued patentability of so-called "business method" inventions”

We at Dolcera started with an aim to do away with the doubt factor from the continued patentability of the business method patents. Hence, we at Dolcera conducted an in-depth analysis on In Re Bilski's impact on software, medical devices and pharma method patents. The USPTO is on the offensive since the In re Bilski verdict from the CAFC. Software companies have reported sharply higher rejection-rate from the patent office, and thousands of business method and software patents risk being invalidated because of this ruling.We have conducted an analysis of hundreds of USPTO examination reports for method patents in three areas:

a. Software,

b. Medical device and diagnostic, and

c. Pharmaceutical.

We have now established the following:

• Rejection rates for software method patents are significantly higher since the Bilski decision in October 2008
• Medical diagnostic method patents are also affected
• Pharmaceutical method patents have been impacted, but to a much lesser degree

Click here to download the Dolcera presentation at the PIUG 2009 Annual Conference

More business for Newscorp's NDS

The recent federal court's verdict on the long standing patent litigation (involving the US patent 6,233,389) between the Dish Network (erstwhile Echostar - WO2008027406A1) and the digital video solutions provider Tivo has consolidated the position of NDS, a Newscorp and Permira owned company. NDS is only the second player in the same field providing digital video solutions standing second to Tivo. NDS has patents (US20090080866A1, US20080285943A1) in the field of Video Substitution or the ability to rewind, fastforward etc options on the satellite tv. Already NDS has several clients across the globe. With this court order, the position of NDS would be bolstered or subtly proclaimed that its THE alternative for the satellite TV providers across the globe to seek video solutions inorder to showcase the video subsititution features.

ICAP bags Ocean Tomo : My thoughts

ICAP the world's biggest interdealer broker bought the transactions division of patent brokerage Ocean Tomo for $10 million in cash and shares.
Indeed, there is a lot of synergy between the two but on the long term horizon IMHO it would’ve been great to see Thomson Reuters buying Ocean Tomo than ICAP. No doubt ICAP has a lot of synergy in the brokerage domain but it takes more to deal with the patent brokerage. Had the buyer been Thomson Reuters then the value addition is just manifold. A combination of a patent database provider, patent brokerage firm and a media biggie Reuters would be deadly for this IP Business as a whole. However, I don’t discount the importance of the company financials that these M&A deals are clout with.