News & Analysis as of September 25, 2024

Patent-Eligible Subject Matter › Infringement

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

Hogan Lovells on 2/6/2017

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

Software and Trade Secrets: Rethinking IP Strategies after CLS v. Alice

Robins Kaplan LLP on 6/30/2014

Historically, the patent system has provided broad protections to software innovations. In the past, software patent holders could prevent competitor infringement without much need for a comprehensive disclosure of the...more

Intellectual Property Bulletin - Summer 2013

Fenwick & West LLP on 9/26/2013

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

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

McDonnell Boehnen Hulbert & Berghoff LLP on 9/9/2013

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

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

Fenwick & West LLP on 8/15/2013

A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more

BakerHostetler Patent Watch: Aria Diagnostics, Inc. v. Sequenom, Inc.

BakerHostetler on 8/12/2013

While the facts may show that damages would be reparable, this assumption is not sufficient [for purposes of a preliminary injunction analysis]....more

IP Update, Vol. 16, No. 7, July 2013

McDermott Will & Emery on 7/31/2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

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

McDonnell Boehnen Hulbert & Berghoff LLP on 6/28/2013

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

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on 6/27/2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

Intellectual Property Newsletter - April/May 2013

King & Spalding on 6/10/2013

In This Issue: News from the Bench: - Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions - The Federal Circuit Affirms...more

Q&A With Knobbe's Ron Schoenbaum

Knobbe Martens on 5/31/2013

Ronald J. Schoenbaum is a partner in Knobbe Martens Olson & Bear LLP's Orange County and Silicon Valley, Calif., offices. He focuses on patent prosecution, strategic patent portfolio management, and infringement/validity...more

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

Orrick, Herrington & Sutcliffe LLP on 5/16/2013

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

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

McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

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

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