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America Invents Act › Software

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
Knobbe Martens

Big Picture on Software Patent Eligibility: The Forces at Work

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Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more

Mintz

TechConnect - Your Law Firm Link to Industry News - March 2017

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Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in...more

Mintz

Software Is Still Patent Eligible

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In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS...more

McDonnell Boehnen Hulbert & Berghoff LLP

Kayak Software Corp. v. International Business Machines Corp. (PTAB 2016) - PTAB Follows Strict Application of CBM Statute...

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Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No....more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2016

Akin Gump Strauss Hauer & Feld LLP on

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

Carlton Fields

The Status of Business Method Patents

Carlton Fields on

Business method patents have a checkered history. They were once very much in vogue—numerous such patents issued, and many of them were litigated. Then, about two years ago, Congress enacted a special procedure that made it...more

Mintz - Intellectual Property Viewpoints

Fed Circuit Reverses PTAB Decision in IPR Proceeding

Mintz - Intellectual Property Viewpoints on

On June 16, the Federal Circuit issued its first-ever reversal of a Patent Trial and Appeal Board decision in an America Invents Act post-grant proceeding. The opinion, drafted by Chief Judge Prost and joined by CAFC Judge...more

McDermott Will & Emery

Technological Invention Exception Key to Foiling CBM - Bloomberg Finance LP v. Quest Licensing Corporation; Apple Inc. v....

McDermott Will & Emery on

In four orders addressing the requirements for instituting a covered business method (CBM) review, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB)) found the “financial product or service”...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

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In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Software Patents Are Still Very Useful Despite Alice, But Are Business Method Patents?

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Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more

McDermott Will & Emery

IPR Privity Analysis Includes Post-Complaint Period - VMWare, Inc. v. Good Technology Software, Inc.

McDermott Will & Emery on

Clarifying the privity requirement for inter partes review (IPR) petitions, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) explained that privity should be determined looking at the...more

McDermott Will & Emery

Payment Information Does Not Necessarily Make a CBM - SEGA of Am., Inc. v. Uniloc USA, Inc

McDermott Will & Emery on

Addressing the issue of what qualifies as a covered business method (CBM) under the America Invents Act (AIA), the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB or Board) denied institution of...more

McDermott Will & Emery

An Easy First Impression: Joint Dismissal of Appellate Review - Versata Software, Inc. v. Callidus Software, Inc.

McDermott Will & Emery on

Addressing for the first time the propriety of vacating an appellate opinion when the underlying appeal is rendered moot before issuance of that opinion, the U.S. Court of Appeals for the Federal Circuit determined that it...more

Mintz

No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012

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The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more

McDermott Will & Emery

Claims Must Be Limited to Financial Activities to Be Covered Business Methods - Salesforce.com, Inc. v. Applications in Internet...

McDermott Will & Emery on

Narrowing the application of covered business method (CBM) patent review, in two recent cases, the Patent Trial and Appeal Board (PTAB or Board) concluded that patents whose claims may apply to industries other than the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Versata Software, Inc. v. Callidus Software, Inc. (Fed. Cir. 2014)

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The Federal Circuit made it clear earlier today that district courts should freely grant stays in view of Covered Business Method ("CBM") patent reviews instituted by the Patent Trial and Appeal Board ("PTAB"). In Versata...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2013

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Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

Stinson LLP

Intellectual Property Alert: First Decision In New AIA Process Invalidates Software Business Method Patent As Unpatentable Subject...

Stinson LLP on

On June 11, 2013, the first decision in the new post grant review (PGR) process created by the 2011 America Invents Act (AIA) was issued. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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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

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