Robert Kalin

19 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,414 times   520 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation
  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 802 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility
  3. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 818 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible
  4. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 501 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula
  5. Parker v. Flook

    437 U.S. 584 (1978)   Cited 369 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable
  6. OIP Technologies, Inc. v. Amazon.com, Inc.

    788 F.3d 1359 (Fed. Cir. 2015)   Cited 271 times   9 Legal Analyses
    Holding that a Section 101 inquiry is a question of law
  7. Buysafe, Inc. v. Google, Inc.

    765 F.3d 1350 (Fed. Cir. 2014)   Cited 269 times   24 Legal Analyses
    Holding that claims "squarely about creating a contractual relationship" drew on idea of "ancient lineage," even where dependent claims "narrow[ed] to particular types of such relationships"
  8. Ariosa Diagnostics, Inc. v. Sequenom, Inc.

    788 F.3d 1371 (Fed. Cir. 2015)   Cited 130 times   67 Legal Analyses
    Holding ineligible the claimed process for using PCR to amplify cff-DNA in a sample before detecting it
  9. Apple, Inc. v. Ameranth, Inc.

    842 F.3d 1229 (Fed. Cir. 2016)   Cited 113 times   10 Legal Analyses
    Holding claimed menu interface abstract because claimant "[did] not claim a particular way of programming or designing the software to create menus that have these features, but instead merely claim the resulting systems"
  10. Trading Techs. Int'l, Inc. v. CQG, Inc.

    2016-1616 (Fed. Cir. Jan. 18, 2017)   Cited 37 times   13 Legal Analyses
    Upholding claims for graphical user interface displaying information about market commodities in part because it was "not an idea that has long existed"
  11. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,129 times   479 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."
  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,490 times   2273 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"
  14. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  15. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and