Computer-Related Inventions

News & Analysis as of

Patent Drafting Post-Alice: Broadly Define the Problem, and Narrowly Claim the Solutions

The notion of strategic claim drafting, which experienced patent practitioners understand, is all about writing specific, narrowly defined claims to cover the strategically important “choke points” in a value chain. The...more

Walking The § 2019.210 Tightrope

As a recent ruling from Magistrate Judge Paul S. Grewal in the Northern District of California demonstrates, plaintiffs must walk a tightrope when deciding what to disclose in their Cal. Civ. Proc. Code § 2019.210 statements....more

The Biggest Technology Give-Away in History?

Manny Schecter, Chief Patent Counsel of IBM, argues in his article “The Downside of Making Innovation Look Easy” that we risk damaging one of this country’s most innovative and successful industries because our patent system...more

Claims Are Construed In Computer Technology Case

Data Engine Technologies LLC v. Google Inc., C.A. No. 14-1115 - LPS, February 29, 2016 Stark, C. J. Claim construction opinion issues regarding eleven terms from four patents. A Markman hearing took place on December...more

Blue Calypso, LLC v. Groupon, Inc. (Fed. Cir. 2016)

On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents...more

FTC And ASUS Reach Settlement Over Risk To Consumer Privacy In ASUS-Branded Routers

To date, the U.S. Federal Trade Commission has brought over 60 enforcement actions regarding company data security practices, and 2016 is already no different. On February 23, 2016, the FTC and Taiwanese computer hardware...more

Gonzalez v. Infostream Group, Inc. (E.D. Tex. 2016)

Producing "digital labels" is Patent Eligible under § 101 - On February 6, 2016, the U.S. District Court for the Eastern District of Texas (Marshall Division) issued a decision in a case captioned Gonzalez v. Infostream...more

Regarding Beauregarding

A Beauregard claim is a claim to a computer program written as a claim to an article of manufacture: a computer-readable medium on which instructions are encoded for carrying out a process. Beauregard appealed the rejection...more

01 Communique Laboratory, Inc. vs. Citrix Systems, Inc., (N.D. Ohio 2015)

Patent Eligibility Requires Consideration of the Claim as a Whole - The U.S. District Court for the Northern District of Ohio (Eastern Division) issued an opinion on December 21, 2015 in the case captioned 01 Communique...more

SightSound v. Apple: When is a Patent a CBM Patent?

The Federal Circuit recently revisited a question first answered earlier this year in Versata Dev. Grp., Inc. v. SAP Am., Inc., 793 F.3d 1306 (Fed. Cir. 2015) (Versata II): When is a patent eligible for Covered-Business...more

New Appeal decision on computer implemented inventions in Australia

On 11 December 2015 Australia’s Federal Court handed down its decision in the RPL Central appeal – a case dealing with the patentability of computer implemented inventions in Australia. The Court overturned the first...more

White House Announces Nanotechnology-Inspired Grand Challenge for Future Computing

On October 20, 2015, the White House announced a grand challenge to develop transformational computing capabilities by combining innovations in multiple scientific disciplines. The Office of Science and Technology Policy...more

Trade Secrets or Patents – Why Software Presents No “One Size Fits All” Solution

There are many ways to obtain intellectual property protection for software creations. Many keep the software code confidential and maintain the software as a trade secret....more

Motion To Dismiss For Failure To Claim Patent-Eligible Subject Matter Is Granted In Part

Andrews, J. Defendants’ motion to dismiss amended complaints for failure to claim patent-eligible subject matter pursuant to § 101 is granted in part. The court heard oral argument and considered plaintiff’s proposed claim...more

Only Basic Functions of a Processor Avoid Need for Disclosed Algorithm - EON Corp. IP Holdings LLC v. AT&T Mobility LLC

Addressing the question of what corresponding structure must be disclosed to support a means-plus-function claim element, the U.S. Court of Appeals for the Federal Circuit upheld a district court finding that eight...more

Computer-Implemented Business Methods: Patentable?

In this Presentation: - Patentability of Computer-implemented Business Methods – A Recap - Research Affiliates v Commissioner of Patents - RPL Central v Commissioner of Patents - The Global Context:...more

Recent Cases Consider Patent Eligibility Under Mayo/Alice “Two-Step” Test: Invoking Routine and Conventional Elements Is Not...

In a series of cases addressing whether inventions are eligible for patent protection under 35 U.S.C. § 101, the U.S. Supreme Court has adopted a two-step analysis. Two recent decisions by the U.S. Court of Appeals for the...more

En Banc Federal Circuit Broadens What Constitutes A Means-Plus-Function Limitation (Williamson V. Citrix)

Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more

Hope for Computer-Related Patents

“Let's be clear: if all of these claims, including the system claims, are not patent-eligible, this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents...more

Still Can’t Search This: B.C. Court of Appeal Affirms Global Restraining Order Against Google

In 2014, the B.C. Supreme Court ordered Google Inc. (Google) and Google Canada Corporation (Google Canada) to remove all of a company’s websites from its search results. As we noted in our June 2014 Blakes Bulletin: Can’t...more

Back to the ‘Useful Arts’ — Supreme Court Reins in the Expansive Interpretation of Patent Eligibility

Section 8 of the United States Constitution authorizes Congress to “promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings...more

Software Copyrights in an Evolving Digital World

In This Presentation: - Software Copyright & Interoperability - Program Language and Function Calls - An Example API in Java - Oracles’ Pattern of APIs - Google’s Copying - Questions? ..Copyright Issues -...more

Cooling Off Defendant’s Obviousness Case

Findings of Fact and Conclusions of Law; Order Entering Judgment for Plaintiff, Asetek Danmark A/S v. CMI USA, Inc., Case No. 13-cv-00457-JST (Judge Jon S. Tigar) - Questions of obviousness can present some of the most...more

Diehr in the Headlights | Photonics Patents Blog

Since last year’s decision in Alice v.CLS Bank by the Supreme Court, the number of patents for computer-based inventions that have been struck down by challenges of their eligibility for patent protection has skyrocketed. ...more

Quantum Computers for Mining Bitcoins

Today’s computers encode data into bits – binary digits in one of two definite states, 0 or 1. Any calculation that needs to be performed with the bits is completed one at a time. Quantum physicists are racing to...more

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