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Software Developers Computer-Related Inventions

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Kidon IP

Legal Protection for the Software Arts — Part 8

Kidon IP on

Patent protection is perhaps the most contentious form of IP protection for software. There is no surer way to start a fight amongst the various interest groups interested in patents than to discuss software patents — both...more

Kidon IP

Legal Protection for the Software Arts — Part 3

Kidon IP on

In most jurisdictions around the world, the most common form of protection for software is copyright. In the US, ever since the Alice decision, copyright was thought to be the best form of protection for software. Given...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Holland & Knight LLP

Federal Circuit: Complexity Does Not Necessarily Impart Section 101 Patentability

Holland & Knight LLP on

Earlier this week, the Federal Circuit reviewed a PTAB affirming the examiner’s rejection of claims directed to a computer-conducted method of "assigning and managing the rights to receive taxes when amounts are disbursed...more

K&L Gates LLP

Sky v Skykick AG – Is This the End of a Claim for “Computer Software?”

K&L Gates LLP on

On 16 October 2019, Advocate General Tanchev of the CJEU has issued his opinion in Sky v SkyKick one of the most intriguing trade mark cases at the moment which will likely have a significant impact on EU trade mark law....more

Holland & Knight LLP

E.D. North Carolina Axes Patent Directed to Teaching Guitar

Holland & Knight LLP on

Rocksmith sued Yousician Oy, alleging infringement of its patent entitled "interactive guitar game." The patent discloses software for learning to play the guitar and provides an "effective way to provide interactive method...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019 #4

SRI Int’l, Inc. v. Cisco Sys., Inc., Appeal No. 2017-2223 (Fed. Cir. Mar. 20, 2019) - In a decision following trial, the Federal Circuit addressed the issue of the eligibility of patent claims directed to technology meant...more

Knobbe Martens

Sri International, Inc. v. Cisco Systems, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware. Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...more

Knobbe Martens

Big Picture on Software Patent Eligibility: The Forces at Work

Knobbe Martens on

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

Blank Rome LLP

Out of Wonderland from Diehr to Aatrix: 3 Steps to Overcoming 101 Rejections

Blank Rome LLP on

Post-Alice, the United States Patent and Trademark Office (“PTO”) is aggressively rejecting software claims under the Alice two-part test, the parameters of which many examiners are still trying to understand. Not...more

Foley & Lardner LLP

Federal Circuit: Rare Guidance on Subject Matter Eligibility of Software Claims

Foley & Lardner LLP on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., the Federal Circuit offered rare guidance on the contours of patent eligible subject matter under § 101. The two related asserted patents, both entitled...more

Snell & Wilmer

Patenting Software Methods

Snell & Wilmer on

Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable. Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more

A&O Shearman

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

A&O Shearman on

At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal...more

Orrick - Trade Secrets Group

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit is In Sync with Patent’s Validity Under Section 101

The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract...more

Fenwick & West LLP

McRo: Preemption Matters After All

Fenwick & West LLP on

The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in 3D...more

BakerHostetler

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

BakerHostetler on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Kelley Drye & Warren LLP

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

Proskauer - New England IP Blog

Blueprint Generation Software Not Eligible for Patenting

Speeding up a blueprint generation process that can be done by hand does not make computer software eligible for patenting. So reasoned the New Hampshire district court in another of a bevy of post-Alice district court...more

Fenwick & West LLP

Software Development and the Use of Abstractions

Fenwick & West LLP on

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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