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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

SAP America, Inc. v. Versata Development Group, Inc. (P.T.A.B. 2013)

In an example of judicial reasoning rolling downhill, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) has struck down claims directed to a computer-implemented business method as failing to meet...more

6/19/2013 - America Invents Act Patent Infringement Patent Reform Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Preemption Software USPTO

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

5/21/2013 - CLS Bank CLS Bank v Alice Corp Computer-Related Inventions Intermediaries Patent-Eligible Subject Matter Patents Settlement

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion that is perhaps the most...more

5/16/2013 - Computer-Related Inventions Infringement Patent-Eligible Subject Matter Patents

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