We were pleased, to say the least, when the examiner withdrew the final rejection after apparently reading our appeal brief, and issued a notice of allowance. On Friday, it was up 28 percent at I have done once already. Uninsured Motorist Bodily Injury will cover you and your passengers in the event you are struck by an uninsured party or you are the victim of a hit and run. The old US patent classifications are referenced because they are still used to assign applications to art units. We've recently started tracking ITC proceedings as well, as shown above in the last row. Andrew brings us down with debt talk.
We are fully into zone two. Will vol explode, or is it just a bunch of nothing? Will this be another year of record volume? Which exchange is dominating the flow so far? TSLA takes a drubbing. Returning to the Rent-A-Center trade from Tuesday. SBUX closing some locations. Managing risk comes before sentiment. Going from a diagonal spread into a put spread. What are we watching for the near future? Making up for lost ground. Silver give up gains on tarriff talks. New low in the July VIX futures.
Square up for no discernible reason. Fifty cent is back. Why are there so few market makers left? IL Rep takes it on. Where should regulators focus their attention? Last week's question of the week: Gun to your head, which ATM straddle would you reather buy? This week's question of the week: Chaos, hilarity, and options discussion ensued.
GoogleTrends is full of interesting, and surprising, data. When you analyze the "options" search data you uncover some surprising results.
Which brings us to this week's question: Which "subregion" is currently ranked 1 for overall "options" interest by Google? Google Trends is full of interesting, and surprising, data. Which "subregion" is currently ranked one for overall "options" interest by Google? Let's stick with our Volatility theme to round out the week.
Quite simply - which product do you think has the highest day implied Volatility? No cheating or checking with your broker! What does your gut tell you? Trade wars are back on the table. Holiday Weekends are notoriously tough for VIX traders. The markets love to crush Volatility going into these events. Which product do you think has the highest day implied Volatility? If you are interested in what the Federal Reserve has to say or has been saying, this is the week for you.
Not only are the notes from the last meeting going to be released on Wednesday, several Fed presidents will be talking this week including three on Monday and on Friday.
Call palooza in PayPal Holdings Inc. But, at the end of the day, we all want more tradeable products. Which derivatives product would you like to see next in the Crypto space? Bitcoin Ether Ripple LightCoin. More Jan 50? Line in the sand puts in HP Inc. Call trade in Nabors Industries Ltd. VIX is back in the mid-teens but the Volatility space is hotter than ever. This is breathing new life into old Volatility products as they try to elbow their way into the VIX spotlight. Which do you think has the best chance of hitting it big with traders?
Bullish paper opening in Coty Inc. President Donald Trump is set to unleash a cascade of stock-market anxiety - The day of reckoning for the Wall Street is here. McDonalds MCD earnings today. How do you play earnings using options? Are you an Earnings Jedi or Sith? Which company will outperform their earnings straddle by the largest margin? Jan 50 "catastrophe" puts in Tesla Motors Inc. Uncle Mike Tosaw discusses ways in which to look at covered calls in a channeling market.
Line in the sand puts in L Brands Inc. Line in the sand puts in Dicks Sporting Goods Inc. We dig up many strange options positions at the Options Insider. Some seem credible while others are just head scratching. Which of the following open options positions do you think has the best chance of actually becoming a winner? Gold vol is very low. Metals get the crap kicked out of them. Calls trade in D. VIX is back in the mid-teens. Are you buying this Volatility reprieve or is this merely calm before the storm?
Quite simply - Where do you think VIX will end the week? Options Exchanges to Is this a good thing for the options market? Is it the straw that finally breaks the camel's back? Or are you too busy getting great fills to care? Andrew wants to let it all out. SVXY makes him angry. Will tech earnings produce a higher SPX? We are up to 16 exchanges now.
Call spread in Alcoa Corp AA. So many recent Options listings started off hot then suddenly cooled so we have to ask - which hot recent IPO will you be slinging Options on in ?
ETrade rallied a bit after earnings, but still a meh. The more exchanges the better? Silver is moving again. Will the maket move back above ? Sebas is more bullish than Tosaw. So many recent Options listings started off hot then suddenly cooled. So we have to ask - which hot recent IPO will you still be slinging Options on in ? Big contracts today - April 34 puts and April 40 calls. Spotify options starting on April 9. Big launch day for Dropbox with nearly 10k contracts.
SPOT options start on April 9. Dropbox has a big launch day with nearly 10k contracts. Highest first quarter volume and highest first quarter for equity options on record. Cleared futures average daily volume for quarter up six percent from Q1 The market is back in rally mode, is the trade war over? VIX off a few handles. The Facebook selloff continues.
VIX is back in the 20's. Fed Meeting with New Chairman on Wednesday. It's ironic timing since Spot Trading just shut down. Potentially changing tick sizes in VIX futures and options. Line in the sand puts in Victoria's Secret LB. Trump's trade war is spooking the market. VIX is back into the 20s. The great SVXY debacle. The numbers are in for February, and they were good surprise. Bullish call love in Salesforce CRM. There's much debate about SVXY these days.
Will it survive ? Is it poised for serious upside? We'll table those questions for now and instead ask all of you out there slinging SVXY - what is your weapon of choice? Three weeks ago out audience was evenly split on whether SVXY would survive But the recent changes to its investment objectives have us asking once more - Do you think SVXY will survive ?
We'll table those questions for now and instead ask all of you out there slinging SVXY. What is your weapon of choice? Mike Tosaw discusses the 1x2 ratio call spread. What are we looking at for the upcoming week? Is the VIX "Whistleblower" just more noise or it there some teeth this time? Volatility's awakening spurs record long position in VIX futures. It's been a rocky week for the markets. People are understandably scared and confused.
That raises the question: Which product are you most concerned about over the next 30 days? Which product would you not touch with a foot pole? How will VIX run going forward? Can we make another run at the all-time highs? One week later, how is everyone doing? SPY is back in rally mode. VIX back in the mids. It's been a wild week for CBOE. Earnings this week include APRN, before the bell tomorrow.
Volatility's awakening spurs a record long position in VIX Futures. VIX is moving like crazy today. It's already blown past 23 and is threatening You buying or selling these levels? Options question of the week, part two: Blue Apron, Under Armor. Can get get three days of up? Or a couple of days of "not up so much"? VIX is moving like crazy today day.
Dow loses over 1, points on the day. SPX opened at 2, on Jan 2. VIX cash now threatening 35! Is this the beginning of the ZombieApocalypse or a great time to sell some Volatility? EarningsSeason is upon us once again! It's time for Tech to put its best foot forward.
Which big tech names are you looking to sling some options on this week? Earnings Season is upon us once again! Size near-term put sales in NWL. Crazy move sparks crazy volume in MNKD. Size short call roll in SAN. If Options existed, how would you trade them? Assuming one-month to expiration would you?
The Dow sets all-time intraday record as Senate votes to end government shutdown. In the double digits for the first time in a long while. A rough start to the year for Bitcoin. Tuesday selloff hits crypto hard. Size bullish strangle in Kinder Morgan Inc. Which name are you looking forward to trading options on during the upcoming earnings season? Your fav not here? Choose "Other" and send it in.
Best will be shared on OptionBlock. If options existed, how would you trade them? Crude is hitting new near-term highs. Brent breaks above 70 for the first time since Kodak is now a crypto company!? Another "easy" one to help kick off the New Year. The options industry insists that things have never been better for retail traders.
Options Flash Poll, Part Deux: We need a speedbump in Options to create a "level playing field" for all participants. Nvidia stocks rises on new of chips being used in handle processing of driverless cars.
Earnings are on the horizon. Will the SPX hit by the end of the week? Ally Invest clients are talking about options as protection. Momentum is ridiculous going into earnings. Our final options question of the week for was an easy one.
Have a suggestion of your own? We encourage you to choose "Other" and send in your thoughts. We'll share the interesting ones on the network. Will there be a sell-off in Q1?
Review of the last trading day of the year. VIX barely holding on to double digits. Big meh into the end of the year.
Silver is on a tear. The highs and lows of Bitcoin. Cboe announces six Bitcoin ETFs. Uncle Mike creates a new product Final Options Question of the Week for Will the outlier trends continue? Andrew brings us down with debt talk. What would it take for volatility to return to normal? Looking back on The year without volatility. Size call party in First Data Corp. Now it's a party! When will we be able to trade options on these futures?
Are you interested in the new Bitcoin futures, except you hate futures? Maybe an ETF is more your speed? JPMorgan is lighting up Twitter. It's one of the bank's best ideas for A lot of div plays lighting up the tape today. CME Bitcoin futures are live! Volume a little lighter in XBT now. Taleb is not a fan of Bitcoin - at least not without options. Petterrfy also hates Bitcoin - but it didn't stop him from buying ads on the futures. This week's Options Break: What did you think?
Options Question of the Week: Volume is a little lighter in XBT now. Taleb is not a fan of Bitcoin, at least not without options. Apparently Bitcoin is destroying the world. Everyone's caught Bitcoin fever these days. The first "real" futures launched at CBOE. Our question is simple - are you going to trade them this week? Closing upside calls in Symantec Corp.
Options during earnings is a coin flip. But you know you love to do it. What's your earnings options MO? We are living in the Bitcoin futures world. Total volume Sunday overnight was a reported 3, contracts, with nearly 20 trading firms actively participating. The first "real" futures launched today on CBOE. More Jan 50 "catastrophe" puts in Tesla Motors Inc. Put-palooza in GameStop Corp. Cheapie call roll in Glu Mobile Inc. The war for Bitcoin derivatives is heating up again.
Nasdaq also announced futures with a planned Q2 launch. With so many choices-How will you trade Bitcoin in ? Someone has the gall to downgrade Tesla, but the stock still rallies. It was the highest November ever for options volume. Jan 50 "Catastrophe" puts in Tesla Motors Inc.
Puts trade in Amgen, Inc. The war for Bitcoin Derivatives is heating up again. GOP tax plan passes the Senate. Weird backwards post-earnings roll in L Brands Inc. How do you think you'll be trading Bitcoin in ? Dow sets new record by hitting 24, and SPX hits 2, This was the fifth 1,point milestone for the Dow this year, first hitting 20, on Jan.
The market is still in rally mode, awaiting tax deal. North Korea unable to spook the market. More Jan 50 "Catastrophe" puts on the tape yesterday - OI breaks 30k. Near-term Dec call love in Caesars Entertainment Corp. SPY always dominates the options volume charts. But what do you think people are actually trading in SPY? Looks like QCOM activity is actually a dividend play. Light on earnings this week. Goldman execs cash out decade-old options just days before they expire.
No cheating or checking with your broker - use your grey matter and your "gut" to pick the right one. We are not letting the Thanksgiving holiday get in the way of you getting your Option Block fix on. What are the uses for binary options? Binaries as a way to trade options. VIX coming back to life. House passes tax reform, will congress unify behind a single plan?
Uncle Mike speculates on winter weather and resulting oil demand. There is still earnings on the horizon, including: Put-palooza in Time Warner Inc.
Will option vol come down? Are people going to take the money and run? Are we heading for more carnage? Putin says he didn't do anything to the election. Catastrophe puts in Tesla Motors Inc. Size put roll in SEAS. Uncle Mike is looking at oil and financials. Sebas is wondering what will happen on Tuesday. Trading Options during Earnings is a coin flip. What's your Earnings Options MO? How many tax brackets? High-yield bond charts look ugly.
RCM webinar on Wednesday, November 8th, Options tracker in Tesla Inc. This season's theme "Buy Premium"! Under Armor before the bell tomorrow.
Pre-earnings put-palooza in Under Armor Inc. Reviewing what's happening post-earnings. Is North Korea testing hydrogen bombs? After-hours options trading would have been fun this week. Calls trade in Fortuna Silver Mines Inc. The question now - what is the best way to make it happen? Massive closing paper in Norfolk Southern Corp. Size upside love in Comcast Corp. Everything macro and the lack of reactions to everything macro. Earnings are coming up. Apple continues to rally.
Puts trade in GameStop Inc. In BrokerMadness spirit, lets bring the fight to exchanges. What is your fav? Where do you send your business? Everyone's got electric cars on the brain. How are you playing the shift to electric in your Options trading? A quick overview of our live show from last week. A quick summary of the TSLA "catastrophe" puts. Will we have five straight days of VIX below 10?
What is the Pro Trader Summit? VIX is back in the single digits. Memories of trading floor days. VIX is back in the double digits hitting VIX volume is exploding: Will traders take a knee too?
Return of the VIX whale? VIX is back in the single digits, hitting 9. Size collar trade in Amicus Therapeutics, Inc. The listeners pick the strategy block: Uncle Mike discusses selling premium with a 9 VIX.
What shoe will drop? Equifax gives away the keys to the kingdom. One exec even cashed in his options before the public disclosure. EFX options volume up is again today. TSLA Options tracker is back. Size call vertical in Visa Inc. How do you prep your portfolio?
Well-timed, lucky or illegal? I have recently been looking at some Apple calendars. Aren't these supposed to be the same and since they are not can you arb this, especially if you do not have commission charges. Trading VIX iron condors. Watching Tesla, just because you can't help it.
Who is calling the volatility shots? As Q4 looms, where are you placing your bullish Volatility bets? Which has most Upside by end of ? Hurricane Irma puts Florida in it's crosshairs.
The numbers are in: August was surprisingly strong. Earnings season is in the rearview mirror now. Upside call love in Himax Technologies, Inc. Hurricane cannon pointed at the southeast. NFL season kicks off tonight. Tension between China and North Korea. A thin day in the market. Lululemon LULU after the bell: Will invisible yoga pants strike again? Amazon announces price cuts at Whole Foods, Hurricane Harvey bears down on oil central.
Earnings are still happening! Rolling calls in Genworth Financial Inc. Question from Salman Azhar: Are call or put diagonals better for bears. Math is same but practice? ULTA pared off the earlier selloff. What's happening in Jackson Hole?
Sallie Mae Bank, U. Here are the latest AliceStorm numbers through the end of October There have been 34 district court decisions in the past two months, but the percentage of invalidity decision is holding constant at There have been no new Federal Circuit Section decisions, but we're going to see a flurry of activity in the next couple of months, as the court has recently heard oral argument in a number of patent eligibility cases, and more are on calendar for November.
Motions on the pleadings have soared, with 23 in the past two months alone, and the success rate is up a tick from PTAB is a bit mixed: Turning to the motion analysis, the motions on the pleadings are the second scariest thing to a patent holder after the specter of attorney fees under Octane Fitness:.
The Delaware district court continues as the graveyard of business methods and software patents, with 31 eligibility decisions, up from 19 just two months ago, and their invalidity rate is up from Jumping into second place is the Eastern District of Texas, with 23 decisions total up from Contrary to the rest of the rest of the bench, their invalidity rate is And finally, here is the run down on the all district court judges with two or more Section decisions.
With today's blog, I'm introducing some entirely new types of data, looking at the characteristics of the patents that have been subject to Section motions. As expected, business method patents are the most heavily litigated and invalidated click to see full size:. The distribution of patents in terms of earlier priority dates shows a very large fraction of the invalidated patents were first filed in Now compare that to the distribution of patent classes with respect to priority year as well: Here too we see a very large number of the business method patents filed in I've coded all of the software related technologies as blue to group them visually.
Why the cluster around ? As those of us who were practicing them remember, it took about two years before the impact of the decision was widespread. This was also the time of the Dotcom bubble when it seemed that just about everyone was starting up a business on Internet. Those two factors resulted in a surge of patent filings. Of all the patents that have been thus challenged under Alice , only two have post- Bilski priority dates:.
Over time we'll see more post- Bilski patents being litigated, and then eventually a true test: By my count, there are about 80 such patents thus far, and about another 90 that have been allowed. It will not be too long then before one of these patents is challenged under Section In my next column, I'll review some very disturbing decisions by coming out of the Delaware district courts.
My analysis was based on approximately , office action and notices of allowance received from Patent Advisor. The numbers here are the percentage of all events in the cohort TC and time period that had a Section rejection. An event is either an allowance or a rejection; other events such as restriction requirements, advisory actions, and so forth are not counted. Since June, I've received a significant amount of new data from Patent Advisor. The trends we saw before are continuing, with some interesting new developments.
Tech Center , which covers chemical and materials engineering saw an unexpected three-fold increase! Rates dropped back down in July and August. As explained before, TC covers both E-commerce and non-Ecommerce work groups and it is the former that contribute to the high rejection rates. Similarly, the rejection rates in TC appear generally low, but this obscures higher than average rejection rates in biotechnology work groups. If we filter for those work groups we find the following: Here is a complete breakdown of the status of these applications: Of interest are the 3, applications abandoned for failure to respond to an office action.
Also interesting is the filing of the appeals during this period. This is a harbinger of things to come. I also aggregated the status by work group technology: The average number of office actions before abandonment here was 3. Here is a view of the distribution of the number of office actions to abandonment, allowance. Cumulatively not shown here the behavior was the same: Some applicants or some examiners, depending on your perspective fought to the bitter end, with 18 cases having ten or more actions before abandonment.
The average abandonment rate at The allowance rate at 1. That the applicants in these cases did nothing more than implement some foundational economic practice on a computer, without doing anything more? That the thousands of patent counsel prosecuting these cases couldn't draft a single eligible claim?
From a business perspective, abandonments are more harmful to small companies with a small number of patent filings than to larger companies. But if you are a small company, you tend to file on the core, crown jewel technology. If you have to abandon even one or two applications, the impact can be dramatic: In this light consider the following: Now, not all news is bad news.
As the charts show, there are allowed applications that will issue within the next several months. These applications are likely the best evidence of the kinds of amendments and arguments that are getting over rejections. I've included a partial list of of these applications at end of the posting. The list is sorted by art unit and then by examiner, so you can easily find applications in an art unit of interest.
By identifying an examiner on one of your cases, you can review the kinds of amendments and arguments that the examiner has accepted and plan your strategy accordingly. Abandonments and rejections aside, there are E-commerce examiners who are allowing cases, and they deserve recognition and support.
In future posts I'll explore the biotechnology groups in a similar manner. Partial Listing of Allowed Applications. Many of the titles have been shortened by removing the stock "Methods, Systems, etc. In my July post , I noted that Section court decisions were issuing fast and furious, with twelve decisions in just the first ten days. I predicted that "At this pace, we could see some twenty to thirty decisions this month. Sadly, I was spot on: With those cases, and the cases through August 26, these are the current AliceStorm numbers:.
Compared to the last numbers from July, the invalidity decision rate is up a tick, patent invalidity percentage is essentially unchanged, and claims are down a bit. The Federal Circuit numbers jumped from 16 to 19 decisions because there were two per curiam affirmances of invalidity in July and August, and one we picked up from before.
The Northern District of California showed a slight increase, up 1. To determine this, I looked at the 14 month periods before and after Alice. Here are the results: Note that the percent change post- Alice for decisions and patents is calculated with respect to the raw counts of decisions and patents, not with respect to the invalidity percentages.
To put this in perspective: Is that what the Supreme Court intended when the cautioned the courts to "tread carefully in construing this exclusionary principle lest it swallow all of patent law. Section Rejection Rates, Of Course.
With the assistance of Patent Advisor , I now have about , records of office actions and notices of allowance from the last year or so. The most recent update I received just over 79, office actions and allowances:. But as I've explained, looking at TC as whole hides the real rejection rates for patent eligibility. Here, I have the percentages of Section rejections in each of the identified months, broken out between the e-commerce art units , and and all other art units at the USPTO i. What's more, the percentage of notices of allowance dropped dramatically in the ecommerce units, from Perhaps more disconcerting, is that even in other art units, the rejection rate more than doubled, from 6.
Can it really be that so many thousands of patent applications merely claim abstract ideas? Let's look at the rejection rates for June, specifically, organized by technology area: This is a cross-functional summary, in that I've aggregated the rejection rates according to the kinds of technology, which extends across different Tech Centers, or I've extracted technologies from within Tech Centers.
Again we see the extraordinary percentage of Section rejection rates in Commerce and the correspondingly low notice of allowance rates , relative to other technology areas. TC had the sharpest drop in RCE filings in particular. Without having the actual data, it's hard to exactly confirm, but from the below it appears that most TC's are flat or have a tiny decline in filings.
Along with the RCE drop in TC , that suggests that TC is contributing the most to the overall decline in applications filings. Alice is having real measurable impact on application filings.
If these trends on rejections continue, then examiners are working themselves out of a job, and the USPTO is working itself in the red.
Fewer applications does not mean reduced pendency. Instead it means fewer examiners because there will be less fee income coming into the USPTO to pay examiners--fees from new applications, fees from extensions of time, fees for everything. And in the long run, it means less maintenance fees, which are already back-end loaded, to pay future examiners. This is the law of unintended consequences at work. The Office stated publicly at AIPLA Spring and other venues that this was a one-time deal, and that they were not going to do any further post-issuance review to issue Section rejections.
However, the Office appears to have gone back on its statement. Just last week, one of our cases in TC , on which we had received a notice of allowance and immediately paid the issue fee, was yanked back without explanation. Similarly, we have an application in TC art unit that has allowed just 7 patents in the past 6 months with cases being abandoned.
We appealed a Section rejection. We were pleased, to say the least, when the examiner withdrew the final rejection after apparently reading our appeal brief, and issued a notice of allowance. We called the SPE and were told that the allowance "was a mistake," and the examiner was being instructed to file an answer to the appeal brief. I could understand a month or two difference in the timing of office actions but not more than a year, given that they have the same examiner.
And then there's this tale: Earlier this week I had an interview with a primary examiner in a business methods art unit to discuss a rejection, where there were no prior art rejections. As you know, a primary examiner in theory has authority to allow an application. This poor fellow has not allowed a case in over year—but not for want of trying. It was pretty clear that he was frustrated by the entire process.
And that very frustration made it more or less impossible for him to offer any suggestions as to what to do, since he figured that anything he suggested would get overruled by his superiors: Thus, with the odds and the incentives stacked against him, he was, by his own admission, just waiting out the final two years before he retires. August Update By Christopher King Since our last update in June , all the invalidation averages for decisions finding lack of subject matter eligibility have trended slightly downward in the federal courts.
The month and three-month average invalidation rates have likewise fallen from The three-month average recently hit its lowest rate— A method for calculating, analyzing and displaying investment data comprising the steps of: Good Vibrations, Bad Vibrations: Behind the Sea Change of Bilski , Alice , Mayo I have not spent too much time trying to determine whether the court here accurately applied the tests mandated by Alice , Mayo and their progeny.
Counterpoint by Greg Hopewell: Tatham Older cases do not always use the same terms of today, but concepts will ring familiar. Even then, the court addressed distinctions between a principle and an invention for its application: The word principle is used by elementary writers on patent subjects, and sometimes in adjudications of courts, with such a want of precision in its application, as to mislead.
It is admitted, that a principle is not patentable. A principle, in the abstract, is a fundamental truth; an original cause; a motive; these cannot be patented, as no one can claim in either of them an exclusive right. Nor can an exclusive right exist to a new power, should one be discovered in addition to those already known.
A new property discovered in matter, when practically applied, in the construction of a useful article of commerce or manufacture, is patentable; but the process through which the new property is developed and applied, must be stated, with such precision as to enable an ordinary mechanic to construct and apply the necessary process.
A patent for leaden pipes would not be good, as it would be for an effect, and would, consequently, prohibit all other persons from using the same article, however manufactured.
Leaden pipes are the same, the metal being in no respect different. Any difference in form and strength must arise from the mode of manufacturing the pipes. The new property in the metal claimed to have been discovered by the patentees, belongs to the process of manufacture, and not to the thing made. Thawing in the s?
Signs of Recovery My evaluation computed the aggregate allowance-to-abandonment ratio in each of the 36 XX art units in calendar years through A Sea Change Coming? Seeing a Forest, Not Just Trees: Unifying Principles Among Eligible Cases General principles for finding claims eligible have been elusive. A computing device comprising a display screen, the computing device being configured to display on the screen a menu listing one or more applications, and additionally being configured to display on the screen an application summary that can be reached directly from the menu, wherein the application summary displays a limited list of data offered within the one or more applications, each of the data in the list being selectable to launch the respective application and enable the selected data to be seen within the respective application, and wherein the application summary is displayed while the one or more applications are in an un-launched state.
Did you hear about the statistician who drowned in a lake with an average depth of two feet? By Stuart Meyer I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last week. Turning to the motion summary: Art Unit Organization by Subclasses E-Commerce patents fall under the general category of business methods and are examined in work groups and Overall Trends Figure 1.
Sachs With the close of the first quarter of , there have been some interesting patterns developing in AliceStorm. Here we can see the record spike in decisions in March: This declining trend is seen when we look at quarterly numbers as well this quarterly graph is new to the blog: For the federal courts, there is a significant difference as shown here: Sachs As many of my readers noticed, I didn't publish any of my own blogs in January and February.
First, an update on the overall AliceStorm numbers, through the end of February, Breaking the court numbers down into monthly data, we have the following trend information: In terms of motion success, we find the following: The next figure provides that comparison: As I have noted before, it is software, not business method patents that have been the target of the post- Alice changes; communication patents now occupy the second most heavily targeted group: We also continue to see that the Business Method art units TC BM reject applications at higher rates than other art units, for the same classifications of inventions: But the total numbers hide an interesting development: The decline in the number of invalidating decisions is reflected in the overall percentages: Conclusion At best there is the beginnings of a shift in the district courts in their application of the Alice test, but little evidence of a change in the Federal Circuit or the USPTO.
Related articles Bilski Blog: More Lessons From McRo. Did You Mean to Claim a Function? Again, the court made this plain: Sachs Over the past two months, the trends I've discussed in my previous blogs on AliceStorm have continued and become more entrenched. Here's the updated "scorecard" for the Federal Circuit: Two Years After Alice: CLS told the Court: The Court apparently accepted this view, as indicated by Justice Sotomayor: Here is how the judges of that court have voted on patent eligibility: Was it a Trick or a Treat?
Turning to the motion analysis, the motions on the pleadings are the second scariest thing to a patent holder after the specter of attorney fees under Octane Fitness: As expected, business method patents are the most heavily litigated and invalidated click to see full size: Of all the patents that have been thus challenged under Alice , only two have post- Bilski priority dates: The court granted DirectApps motion to dismiss, finding the patent invalid.
BitTran's motion for preliminary injunction was denied in part because of SkyKick successfully argued that BitTrans was not likely to succeed on the merits due to Alice problems. The Summertime Blues Continue By: Sachs In my July post , I noted that Section court decisions were issuing fast and furious, with twelve decisions in just the first ten days. With those cases, and the cases through August 26, these are the current AliceStorm numbers: Here are the motion numbers: Section Rejection Rates, Of Course With the assistance of Patent Advisor , I now have about , records of office actions and notices of allowance from the last year or so.
The most recent update I received just over 79, office actions and allowances: There Ain't No Cure for the Blues Now some anecdotal evidence. That makes him the lucky one. The rest of us are going to be around for a while. Subscribe to our Intellectual Property mailings and other Fenwick mailing lists. Subscribe to Bilski Blog Enter your Email: Neapco Ruling Thawing in the s?
LG Did you hear about the statistician who drowned in a lake with an average depth of two feet? Description in Core Wireless internal citations and edits omitted. Enfish [eligible, self-referential table]. Visual Memory [eligible, programmable operational characteristics defined by the processor]. Limitations leading to allowance. Title See, Note below. Generating Using A Digital Pass. Authorizing Transactions Via Mobile Devices. Resource Cost Optimization Program. Complexity Reduction Of User Tasks.
Dynamically Parallelizing Application Program. Performing Oilfield Production Operations. Event Planning Within Social Networks. Risk Detection Reporting Infrastructure. Framework For Marketplace Analysis. Representing Multichannel Image Data. Due Diligence System Method. Aiding Resolution Of A Transaction. Computing System Predictive Build. Generating A Marketing-Mix Solution. Sales Prediction System Method.
Selective Fact Checking Method System. Automatic Modification Of Web Pages. Electronically Creating A Customized Catalog. Recently Viewed Items Display Area. Enabling Merchants To Share Tokens. Cross Channel Delivery System Method. Generating An Order For Purchase. Image Analyzing System Method. Collection Of Protocol Adherence Data.
Navigating Using Multiple Modalities. Recording Medium For Selecting Location. Creation Use Of Constraint Templates. Kiosk For Receiving Delivering Packages. Shift Rail Transmission Position Sensing. Service Utilization Browser Plug-In. Processing Fees For A Card. Transacting With Network Traffic. Mobile Payment System Method.
Store System Sales Registration Method. Saddle Riding Type Vehicle. Automated Tracking Of Class Attendance. Location-Based Payer Charging System. Dynamic Alignment Beam Calibration. Providing Content On Connected Devices. Providing Real-Time Communications Services.
Providing Real-Time Communication Services. Derivate Beschreibung Derivate — was sind das eigentlich? Der Name geht auf ein lateinisches Wort zurück: Und das bringt es auf den Punkt: Und das gilt für eine ganze Reihe von Wertpapieren: Durch den sogenannten "Hebel-Effekt" kann der Anleger bei vielen Derivaten bereits mit geringem Kapitaleinsatz überdurchschnittlich von Kursschwankungen des Basiswerts partizipieren.
Hier gilt es aber zu differenzieren. Denn Derivat ist nicht gleich Derivat. Dort bieten wir Ihnen greifbaren Nutzen, wenn Chancen und Risiken von Derivaten gut lesbar thematisiert werden. Und das alles für Sie völlig kostenlos und unverbindlich. Hier können Sie diesen Newsletter anfordern. Basiswissen rund um Optionsscheine. Was ist ein Optionsschein? Wie funktioniert ein Call-Optionsschein? Wie funktioniert ein Put-Optionsschein?
Parität oder innerer Wert. Die Auswahl des optimalen Optionsscheins. Oft hört man den Spruch: Leider hatte ich den falschen Naked Warrants - Covered Warrants.