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Planet Bingo, LLC v. VKGS LLC (Fed. Cir. 2014)

Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an infringement action in the United States...more

8/28/2014 - CLS Bank v Alice Corp Computer-Related Inventions Gaming Patent Infringement Patent-Eligible Subject Matter Patents Planet Bingo

MBHB Snippets: Review of Developments in Intellectual Property Law - Summer 2014 - Vol. 12, Issue 3

In This Issue: - The Analysis for Design Patent Infringement Post-Egyptian Goddess - Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Capitol Records, LLC v. Pandora Media, Inc.: Future of...more

8/27/2014 - Capitol Records CLS Bank v Alice Corp Copyright Design Patent Digital Media Music Industry Pandora Patent Infringement Patent Litigation Patents Prior Art SCOTUS

Supreme Court Issues Decision in Alice Corp. v. CLS Bank

There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more

8/25/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Kappos Mayo v. Prometheus Patent Infringement Patent Litigation Patents SCOTUS

I/P Engine, Inc. v. AOL Inc. (Fed. Cir. 2014)

Ever since the 2010 Supreme Court opinion in Bilski v. Kappos was handed down, the debate over the scope of patent-eligibility under 35 U.S.C. § 101 has been at times stimulating, complex, comical, and frustrating. Now it...more

8/19/2014 - AOL Bilski Kappos Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Stewart Title Guaranty Co. v. Segin Software, LLC (PTAB 2014)

On April 12, 2013, Segin Software sued Stewart Title and several other parties for infringement of U.S. Patent No. 8,165,939. The defendants filed a petition with the U.S. Patent and Trademark Office requesting post-grant...more

7/24/2014 - Covered Business Method Patents Patent Infringement Patent Litigation Patents

Digitech Image Technologies, LLC v. Electronics For Imaging, Inc. (Fed. Cir. 2014)

Less than four weeks after the Supreme Court handed down its opinion in Alice Corp. v. CLS Bank International, the Federal Circuit has used the holding of that case to strike down a patentee's claims under 35 U.S.C. § 101....more

7/15/2014 - Bilski CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

USPTO Issues Preliminary Examination Instructions Regarding Alice Corp. v. CLS Bank International

The U.S. Patent and Trademark Office (USPTO) wasted no time providing guidance to its examining corps regarding the recent Supreme Court decision in Alice Corp. v. CLS Bank International. Just one week after the Justices...more

6/26/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS USPTO

Alice Corp. v. CLS Bank Int’l: General Purpose Computers Cannot Save Claims Directed to Abstract Ideas

In the U.S. Supreme Court’s decision today in Alice Corp. v. CLS Bank International, the Court affirmed the invalidity of Alice’s patents for computer implemented methods of reducing settlement risk. This case reached the...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Thoughts on Alice Corp. v. CLS Bank Int'l

There's an old saying that "bad facts make bad law," acknowledging that a court's decision regarding an extreme case can result in law that poorly serves less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more

6/20/2014 - Akamai Technologies Alice Corporation CLS Bank CLS Bank v Alice Corp Kappos Limelight Networks Mayo v. Prometheus Nautilus Inc. v. Biosig Instruments Patent Litigation Patents SCOTUS

Triton Tech of Texas, LLC v. Nintendo of America, Inc. (Fed. Cir. 2014)

A very experienced patent attorney once told me that you should never write means-plus-function claims unless there is a Luger at your temple. This, the first opinion addressing indefiniteness to come from the Federal...more

6/17/2014 - Claim Construction Nautilus Inc. v. Biosig Instruments Nintendo Patent Infringement Patent Litigation Patents Triton Tech

All Our Patents Still Belong to Us

On June 12, Tesla CEO Elon Musk announced that the company "will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology." This move was hailed by some as a win for those who support...more

6/16/2014 - Elon Musk Patents Technology Tesla

Supreme Court Hears Oral Argument in Alice Corp. v. CLS Bank Int'l

On Monday, March 31, the Supreme Court heard oral arguments in the closely-watched Alice Corp. v. CLS Bank Int'l case. The question presented was "[w]hether claims to computer-implemented inventions -- including claims to...more

4/7/2014 - CLS Bank CLS Bank v Alice Corp Computer-Related Inventions Patent Litigation Patents SCOTUS

New York Times Op-Ed Argues Law Takes Misguided Approach to Software Patents

On March 28, Professor Robin Feldman of the University of California Hastings College of Law wrote an op-ed piece in the New York Times entitled "Slowing the Patent Trolls". Unfortunately, like so many articles of its ilk,...more

3/31/2014 - Patent Trolls Patents

A Rebuttal to The Economist's "Stalking Trolls"

On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in the United States. Unfortunately, as we have seen all too often when the...more

3/14/2014 - Copyright Covered Business Method Patents Inventions Lack of Novelty Non-Practicing Entities Patent Trolls Patents

Alice Corp. v. CLS Bank Int'l: CLS Bank's Supreme Court Brief

In a previous article, we discussed the background of this case, and provided an overview of the Petitioner Brief of patentee Alice Corp. In this article, we continue by covering the brief of the Respondent, CLS Bank....more

3/11/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Litigation Patents SCOTUS

Alice Corp. v. CLS Bank Int'l: Alice's Supreme Court Brief

On December 6th, the Supreme Court granted certiorari to a case that presents the question of "[w]hether claims to computer-implemented inventions -- including claims to systems and machines, processes, and items of...more

3/10/2014 - CLS Bank v Alice Corp Computer-Related Inventions Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Cyberfone Systems, LLC v. CNN Interactive Group, Inc. (Fed. Cir. 2014)

In 2011, Cyberfone sued CNN and 80 other defendants in the U.S. District Court for the District of Delaware for infringement of U.S. Patent No. 8,019,060. On the defendants' motion for summary judgment, the District Court...more

3/4/2014

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...more

2/17/2014 - Asia Copyright Infringement Cross-Border Transactions Music Industry Patent Litigation Patent Trolls USPTO

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): Experience with the USPTO’s...

On May 5, 2011, the United States Patent and Trademark Office (“the Office”) kicked off a new program intended to give applicants and examiners an opportunity to discuss the substance of a patent application before a formal,...more

2/10/2014 - Patent Applications Patent Litigation Patents USPTO

SmartGene, Inc. v. Advanced Biological Laboratories, SA (Fed. Cir. 2014)

While non-precedential, this recent Federal Circuit decision further illustrates the Court's thinking with regard to the patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101, and provides a reminder...more

1/30/2014 - CLS Bank v Alice Corp Computer-Related Inventions Mayo v. Prometheus Patent Infringement Patent Litigation Patent Reform Patent-Eligible Subject Matter Pharmaceutical

Supreme Court Grants Cert. in Alice Corp. v. CLS Bank Intl.

On Friday the Supreme Court granted certiorari in Alice Corp. v. CLS Bank Intl., opening the door once again for the Justices to further carve out the landscape of patent-eligible software and business method claims....more

12/9/2013 - CLS Bank v Alice Corp Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Accenture Global Services, GmbH v. Guidewire Software, Inc. (Fed. Cir. 2013)

Recipe for a contentious Federal Circuit decision: empanel two judges who have different understandings of the patent-eligibility of computer-related inventions, sprinkle in a claim or two that could be viewed as a pure...more

9/9/2013 - Computer-Related Inventions Infringement Inventions Patent Litigation Patent-Eligible Subject Matter Patents

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013)

In This Issue: Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage...more

8/14/2013 - Aesthetic Functionality Code of Conduct Legal Ethics Patent-Eligible Subject Matter Prior Art Trademarks USPTO

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013): Not Just a Flook?:...

On May 10, 2013, the Federal Circuit handed down the much-anticipated en banc decision in CLS Bank Int'l v. Alice Corp. This case is perhaps the most important 35 U.S.C. § 101 jurisprudence regarding the patent eligibility of...more

8/12/2013 - Bilski Computer-Related Inventions CRM Kappos Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. 2013)

It has been just over a month since the Federal Circuit's fractured en banc ruling in CLS Bank Int'l v. Alice Corp. regarding patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101. Last week, the Court...more

6/28/2013 - CLS Bank v Alice Corp Computer-Related Inventions Hulu Infringement Patent-Eligible Subject Matter Patents Ultramercial v Hulu

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