Software Patents

News & Analysis as of

Software Patents: History and Strategies (Pt. I – History)

1952-2010: Software Patents Historically (before Bilski and Alice) - For centuries in United States patent law, the question of patentability of the subject matter of an invention under 35 U.S.C. §101 was fairly...more

IP Newsflash - October 2015 #3

DISTRICT COURT CASES - Mobile Device Data Monitoring Patent Not Directed to Abstract Idea Under § 101 - On October 26, 2015, Judge Sparks of the Western District of Texas denied defendant’s motion for summary...more

[Webinar] Software Patent Eligibility - A Post-Alice Landscape Discussion - Nov. 10th, 10:00am PST

Join our panel of Knobbe Martens partners for this complimentary and informative webinar to discuss the state of software patent eligibility after Alice Corp v. CLS Bank International. Since the Supreme Court's...more

Access to Continued Litigation Denied: Method for Intrusion Detection Found Invalid Under Section 101

Order Granting Motion for Judgment on the Pleadings, Protegrity USA, Inc., et al. v. Netskope Inc., Case No. 15-cv-02515-YGR (Judge Yvonne Gonzalez Rogers) - The NorCal IP Blog has extensively covered the increasing...more

Certain Uncertainty: The Future Of Computer Software Patents

LIFE AFTER ALICE ... THE STORY SO FAR - Since the Alice decision came down last June, the world of computer software patents has been upended, both in litigation and in prosecution. In the realm of prosecution, patent...more

Bad Day for California as TTA Sales Tax Exemption for Software Is Broadly Reaffirmed by Appellate Court – Will Taxpayer Refund...

In a significant rebuff of the California State Board of Equalization (BOE), the California Second District Court of Appeal held that a manufacturer’s sale of software on tangible media was exempt from sales tax under the...more

A Perfect Storm for Automotive Patent Disputes?

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

Are Transitory Signals Patent-eligible?

Computer software patents have been receiving significant upset overturn in validity since the well-known U.S. Supreme Court decision providing certain exceptions to patent eligible subject matter under 35 U.S.C. § 101, ...more

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

Common IP pitfalls every business can avoid

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Patent Subject Matter Eligibility – Impact on Litigation and Prosecution

Personalized medicine relies on diagnostic technologies to accurately evaluate a patient’s clinical or genetic signature to guide treatment decisions. Protecting innovation by patenting the diagnostic methods and tools that...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

Massachusetts Court Upholds Software Method Patent

On September 4, a Massachusetts district court issued an interesting ruling that calls into question many of the recent preliminary stage Alice-based invalidations we’ve seen over the past year. The decision, the latest...more

One Year After Alice

It has been more than a year since the Supreme Court issued its decision in Alice Corp. Pty, Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014). Although a number of software patents have been invalidated for reciting...more

Courts Everywhere are Finding Software Patents Invalid, So What Next?

For the last few decades, corporations ranging from startups to large multinationals first turned to utility patents to protect their innovative software. These patents protected everything from the minute details of...more

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement - Suprema, Inc. and Mentalix Inc. v. Int’l Trade...

In a 6-4 ruling, a sharply divided en banc Federal Circuit overturned the original panel decision and deferred to the International Trade Commission’s (ITC or Commission) interpretation of the phrase “articles that …...more

Standard Essential Patents Unenforceable on Theory of Indirect Infringement

A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a common sense result: either the patents at issue...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

Federal Circuit Upholds ITC Interpretation of § 337 to Cover Induced Infringement

Suprema, Inc. and Mentalix Inc. v. Int’l Trade Comm’n, Case No. 12-1170 (Fed. Cir. Aug. 10, 2015) (Reyna, J.) (O’Malley, Proust, Lourie, and Dyk JJ., dissenting). By way of background, appellee Suprema manufactures...more

Intellectual Property Alert: Suprema, Inc. v. ITC: ITC Can Exclude, Under Inducement Theory, Imported Products That Only Infringe...

On August 10, 2015, an en banc Court of Appeals for the Federal Circuit held that the International Trade Commission’s interpretation of Section 337 was reasonable and therefore that the ITC has the authority to exclude,...more

En Banc Federal Circuit Upholds ITC’s Broad Definition of Induced Infringement

Earlier this week, an en banc Federal Circuit interpreted the scope of Section 337 of the Tariff Act (19 U.S.C. § 1337), which proscribes importation of "articles that … infringe" a U.S. patent. (Suprema, Inc. v....more

Federal Circuit Continues to Nix Financial Patents

Patents covering software for use in the financial industry are increasingly being invalidated by the courts. Because of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), district...more

Writ of Certiorari Denied in Oracle v. Google: Software Declaring Code, Including Structure, Sequence, and Organization Remains...

On June 29, 2015, the U.S. Supreme Court denied Google, Inc.’s petition for writ of certiorari, leaving intact the Federal Circuit’s holding that Oracle’s Java API software, and particularly the API declaring source code, is...more

Further Guidance from the PTO

And yet diagnostic methods are still wandering in the wilderness… The PTO has issued yet another revision of its Subject Matter Eligibility Guidance for Examiners. The ?rst of these Guidance documents arrived in March...more

USPTO Issues July 2015 Updated Guidance on Subject Matter Eligibility Analysis

On July 30, 2015, the United States Patent and Trademark Office (USPTO) issued updated guidance regarding subject matter eligibility analysis to address six major themes from comments received in response to the 2014 Interim...more

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