Software

News & Analysis as of

In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines?

OIP Technologies v. Amazon.com and IPC v. Active Network are the most recent of a growing number of decisions dismissing software and business method patent lawsuits on the pleadings. In these decisions, the courts are...more

The Status of Business Method Patents

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

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

Customer Indemnity

Software publishers that try to require an indemnification clause from their customers for use of the publisher’s software are often met with resistance. Providing software generally creates a risk to the customers that buy...more

SaaS: Key Pricing Considerations (Part 1)

Software as a Service (SaaS) is growing rapidly as an alternative to licensing on-premises software for corporate customers. As reported by Forbes earlier this year, analysts are forecasting that global SaaS revenues will...more

Have You Agreed Not to Export Software? Yes!

Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of...more

Internet Patents Corp. v. Active Network, Inc. (Fed Cir. 2015)

Since late last year, the main theme of many 35 U.S.C. § 101 disputes has been whether claims under review are more like those in Ultramercial Inc. v. Hulu LLC or DDR Holdings, LLC v. Hotels.com. In the former case, the...more

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Security bug found in Samsung® smartphones

Samsung recently announced that about more than 600 million Samsung mobile devices contained a factory installed third party software produced by SwiftKey that predicts the words you will types on your keyboards. The issue...more

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

The One Year Anniversary: The Aftermath of #AliceStorm

It's been one year since the Supreme Court's decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to "tread carefully" before invalidating patents, and emphasizing that...more

Fed Circuit Reverses PTAB Decision in IPR Proceeding

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

Virtual Currency Community Disappointed by Final BitLicense Regulation

Why it matters: The New York Department of Financial Services (DFS) released the final regulations for the much-anticipated BitLicense, the first state regulatory regime designed specifically for virtual/digital currency...more

What Was Old Is New Again for Means + Function Claim Elements

The U.S. Court of Appeals for the Federal Circuit, sitting en banc for the limited purpose of revisiting when claims invoke the means-plus-function language of 35 U.S.C. § 112, ¶ 6 (§ 112(6)) (now § 112(f)) replaced a part of...more

Federal Circuit Decreases Strength of Presumption Against Treatment of Patent Claims as Means-Plus-Function

Accused infringers challenging patent claims now have a new arrow in their quiver as a result of yesterday's holding in Williamson v. Citrix Online, et al. In an en banc decision, the Federal Circuit replaced an earlier...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

Remote Transactions Parity Act Introduced in the U.S. House

Today, Representative Jason Chaffetz introduced H.R. 2775, the Remote Transactions Parity Act of 2015 (RTPA), in the United States House of Representatives (House). The RTPA addresses the Internet sales tax issue using...more

Interim Guidance Status Check

As of Tuesday, June 16th, we have been living with the U.S. Patent and Trademark Office's "2014 Interim Guidance on Patent Subject Matter Eligibility" ("Guidance") for six months. Although the USPTO subsequently issued some...more

Encryption and the Consequences of Public Policy

In a world where the development of technology moves quickly and governments tend to move slowly, it is common for public policy to become out of sync with the realities of the market. In many cases, this proves to be a...more

OIP Technologies, Inc. v. Amazon.com, Inc. (Fed. Cir. 2015)

In its first substantive application of Alice v. CLS Bank in 2015, the Federal Circuit has once again shot down claims for not meeting the patent-eligibility requirements of 35 U.S.C. § 101. In 2012, OIP sued Amazon in...more

Competing After Employment (Part 2)

A few weeks ago, Jawbone, a fitness tracking hardware and software maker, sued its arch-rival Fitbit, alleging that Fitbit lured its employees away to obtain access Jawbone’s confidential information and product plans. How...more

Amendments to Japan METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more

Plaintiff Survives Motion To Dismiss Provided Complaint Is Amended To Include Record Generated Through Motion Practice

Robinson, J. Defendants’ motions to dismiss the complaint for failure to state a claim are denied. Claim 1 is a method claim and the accused network congestion management practices are used by defendants internally. The...more

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

State and Commerce Departments Publish Next Set of Proposed Export Control Reform Rules: Fire Control, Range Finder, Optical...

In This Issue: - Export Control Reform Initiative - DDTC Proposed Rule - BIS Proposed Rule - For More Information - Excerpt from Export Control Reform Initiative: By way of background, the Export...more

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