Computer-Related Inventions

News & Analysis as of

IP & Technology Newsletter (Fall 2014)

The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In its...more

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

August 2014: ITC Litigation Update: ITC Tightens Domestic Industry Requirement for Licensors After Recent Federal Circuit...

ITC Tightens Domestic Industry Requirement for Licensors After Recent Federal Circuit Decisions: Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing Same, Inv. No. 337-TA-841...more

The Federal Circuit Reverse a Finding of Anticipation of the PTAB in Inter Partes Review

In re Rambus, Inc. - Addressing a finding of anticipation by the United States Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) in an inter partes review, the U.S. Court of Appeals for the Federal...more

Australia awaits Federal Court guidance on the patentability of computer-implemented inventions

Anyone with an interest in the patentability of computer-implemented inventions in Australia has been awaiting judgment in the appeal to the Research Affiliates LLC v Commissioner of Patents decision. Anticipation is...more

The USPTO’s Response to Alice Corp. v. CLS Bank

Six days after the Supreme Court handed down its opinion in Alice Corp. v. CLS Bank, which invalidated certain patents disclosing “a computer-implemented scheme for mitigating ‘settlement risk,’” the USPTO issued its own...more

IP Newsflash - June 2014 #3

Federal Circuit Reinforces the Requirement to Disclose the Corresponding Algorithm for a Computer-Implemented Means-Plus-Function Term: On June 13, 2014, the Federal Circuit affirmed the Western District of...more

High Court Says Computerized Abstract Ideas Not Patent Eligible

In its highly anticipated decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, the United States Supreme Court unanimously ruled that an abstract idea is not patentable simply because it is implemented on a computer....more

The Supreme Court Declines to Categorically Deny Patent Protection for Software

In a highly-anticipated case that had the potential to drastically change the patent landscape surrounding computer-implemented inventions, in Alice Corp. v. CLS Bank Int’l the Supreme Court took a measured approach to the...more

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

Some Practical Approaches to Prosecution of Patents for Computer or Software Implemented Inventions

The patentability of inventions implemented with a computer or based on software have come under increased scrutiny in recent years. One of the primary issues related to the increased scrutiny is whether the patent...more

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

District Courts Staying Cases Pending CLS Bank, but the Federal Circuit Decides One

In December, the Supreme Court granted certiorari in CLS Bank Int’l v. Alice Corp., No. 13-298, in which the question presented by the petitioner is “[w]hether claims to computer-implemented inventions — including claims to...more

Federal Circuit Holds Computer-Implemented Method Claims Invalid Under Section 101

Although SmartGene, Inc. v. Advanced Biological Laboratories, SA is a non-precedential Federal Circuit decision, it could be interesting for that very reason, if it is a reflection of what the court sees as settled aspects of...more

ITC Now Requires Satisfaction of the “Technical Prong” for Licensing-Based Domestic Industries - Certain Computers and Computer...

Reversing course from longstanding practice, the U.S. International Trade Commission (ITC or Commission) has held that proof of “articles protected by the patent” (i.e., a technical prong) is now required for satisfaction of...more

Alice Corp. v. CLS Bank Amicus Briefs Filed, Reckoning Day Approaches

Last week, we filed two amicus briefs with the Supreme Court in Alice Corp. v. CLS Bank, one on behalf of Advanced Biological Laboratories (ABL), and one for Ronald M. Benrey (Benrey). It goes without saying that this is the...more

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

Top Stories of 2013: #4 to #6

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Abstract Idea or Real World Software Solution?

On Dec. 6, the U.S. Supreme Court granted certiorari in CLS Bank Intl. v. Alice Corp. Pty. Ltd., 717 F.3d 1269 (Fed. Cir. 2013), to address the patent eligibility of computer implemented inventions. For some, the issue is...more

Computer Implemented Inventions In Australia: The Saga Continues …

An ongoing issue in Australian patent law is the extent to which computer-implemented inventions are eligible subject matter for patentability. Two single-judge Federal Court decisions on this matter have been handed...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013) - Terminology in a Computer...

In Ex parte Mewherter, a recent decision by the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO), the Board handed down a precedential decision regarding the language of...more

Don’t Discount Computer-Related Inventions from Patentability

There is a general belief that it is not worth applying for patent protection for computer-implemented inventions and software in Europe because the legislation, at first glance, excludes computer programs and business...more

New Zealand Passes Landmark Patent Law Reform

Following on from recent patent law changes in the U.S. and Australia, New Zealand recently passed the Patents Act 2013 (Act). With the passing of this Act, New Zealand patent law has been overhauled and modernised so that it...more

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Software Development and the Use of Abstractions

The process of developing software typically involves the use of abstractions of concrete concepts to describe the operations performed by a computer and objects of such operations. Some software abstractions are so familiar...more

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