News & Analysis as of

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other...more

Between Scylla And Charybdis: Future Of Software Patents Lies In Supreme Court Balance

The Supreme Court recently heard oral arguments in Alice Corp. v. CLS Bank, a case in which the outcome may have a dramatic effect on the future and direction of software patents. Justice Breyer compared the Supreme Court’s...more

Fate of Software Patents in Hands of the Supreme Court

If your company owns or relies on software patents or business method patents enabled by software, then an upcoming decision in a software patent case will be of critical interest to you. Nearly 70 years after the first...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

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...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

Software Patents Set for Supreme Court Consideration

The Supreme Court is set to weigh in on the muddled law of software patent eligibility. On Friday, December 6, the Supreme Court granted a petition for certiorari in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. CLS is an...more

Supreme Court to Clarify Software Patent Eligibility

The Supreme Court will consider next year whether claims to computer-implemented inventions – including claims to systems and machines, processes, and items of manufacture – are eligible to be patented...more

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...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

Further decision re-opens the door on business method and computer program patents

Australia's Federal Court has handed down another decision with significant implications for the patentability of business method, software and computer implemented inventions. In RPL Central Pty Ltd v Commissioner of...more

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

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

In Defense of the Patent System: How the Mainstream Media's Representation of it is "Broken"

The mainstream media continues its attack on the patent system. This problem has become significant, because the average American does not appear to understand the purpose (and benefits) of the patent system. With all of...more

What Is Next for Software Patents?

Over the past few weeks, the United States federal courts and the patent office have issued several significant decisions addressing the patent subject matter eligibility of software-related inventions in the United States....more

Intellectual Property Bulletin - Spring 2013: Federal Circuit Undecided About Whether Software is Patentable?

Patent holders, inventors, and even the courts have recently struggled with the limits of what can be patented. The patentability of software, widely accepted for decades, has lately been questioned. The scope of...more

Intellectual Property Bulletin - Spring 2013

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

Intellectual Property Alert: First Decision In New AIA Process Invalidates Software Business Method Patent As Unpatentable Subject...

On June 11, 2013, the first decision in the new post grant review (PGR) process created by the 2011 America Invents Act (AIA) was issued. ...more

SAP America, Inc. v. Versata Development Group, Inc. (P.T.A.B. 2013)

In an example of judicial reasoning rolling downhill, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) has struck down claims directed to a computer-implemented business method as failing to meet...more

PTAB's First Business Method Patent Ruling: Challenges for Software Patent Holders

The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has issued its first-ever decision in proceedings for challenging business method patents in post-grant review. The case is SAP America, Inc. v....more

Business Litigation Report -- May 2013

In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more

Do Your Suppliers Use Unauthorized IP? A Critical, Emerging Global Business Risk

Do you know whether the suppliers in your supply chains use unauthorized intellectual property (IP)? Are you in a position to answer this question definitively? Even if you own, or have the legal rights to use, all IP that...more

May 2013: Germany Litigation Update - Recent Developments in Determining Patentability of Claimed Software Inventions in Germany

In recent years, the German Federal Court—the appellate court for nullity (invalidity) proceedings in Germany —has begun addressing the scope of patentable subject matter for software patents claiming graphical user interface...more

DataTreasury Patent Infringement

DataTreasury Corporation (“DataTreasury”) has filed a new round of lawsuits against banks and their service providers relating to two patents which claims systems and methods for remotely capturing and centrally processing...more

Software Licenses and Indemnities: What Obligations Are You Taking On?

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...more

Fractured Federal Circuit Invites the Supreme Court To Once Again Weigh In On Patentable Subject Matter – What Computer Software...

On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank International et al. v. Alice Corporation Pty, Ltd., (2011-1301). ...more

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