Technology Patents

News & Analysis as of

Virtual Porn – Real Patent Lawsuit

The porn industry is often one of the early adopters for new technologies. VR is no exception. Virtual Immersion Technologies LLC is enforcing its patent against live VR porn operators. The patent 6,409,599 (“the ’599...more

Subject Matter Eligibility May Rest on Whether Software is “Technological”

Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent...more

Need for Illumination of Maximum Recovery Rule Warrants Interlocutory Appeal

Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur....more

U.S. Appeals Court Finds a Software Patent Valid Even Under the Supreme Court’s “Alice” Test

A recent Federal Circuit decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, gives patent owners another illustration of patent subject matter eligibility under section 101....more

Sally Beauty Holdings, Inc. v. Intellectual Ventures I LLC (PTAB 2016)

Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV)....more

When Can Common Sense be Relied Upon to Find an Invention Obvious?

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond...more

Is Final Really Final? Alternative Patent Prosecution Routes after a Final Office Action

The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and...more

Trade Secrets v. Patents: Considerations in Choosing How to Protect Your IP

Intellectual property owners may seek to protect certain information either by obtaining a patent or by maintaining its secrecy. A patent provides strong, exclusive rights for a fixed period of time, generally twenty years. A...more

Realizing Value from Intellectual Property

Everyone assumes that intellectual property has value, but how do you determine that value? Can you increase it, and can you damage it?...more

Federal Circuit Expanding Interpretation of Step Two of the Test for Patent Eligibility

The Federal Circuit recently reversed a district court's decision granting a motion to dismiss a patent under 35 U.S.C. § 101 in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC.[1] The patent-in-suit, U.S. Patent...more

Two Years After Alice: A Survey of the Impact of a "Minor Case" (Part 2)

AliceStorm at the USPTO - While AliceStorm's effect is most visible in the courts, because of their public nature, the real impact is largely unseen: it is the widespread rejection of patent applications by the USPTO. ...more

Website Labeling Patent not "Financial" Enough for a CBM

Covered Business Method (CBM) petitions are limited to patents relating to “a financial product or service.” CBM petitions are generally favored by defendants over Inter Partes Review (IPR) petitions by allowing a defendant...more

Motorola Mobility, LLC, v. Intellectual Ventures I, LLC (PTAB 2016)

After Multiple CBM Petitions, Motorola Invalidates Software Patent - On March 21, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review...more

USPTO News Briefs - March 2016

USPTO Seeks Sample Applications for eMod Project - The U.S. Patent and Trademark Office distributed a Patents Alert USPTO News e-mail last week requesting that stakeholders provide .docx sample applications for testing...more

Claims Are Construed In Computer Technology Case

Yodlee, Inc. v. Plaid Technologies, Inc., C.A. No. 14-1445-LPS, January 15, 2016. Stark, C.J. Claim construction opinion issues regarding nineteen terms from seven patents. A Markman hearing took place on November 17,...more

5 tips for managing your patent assets

Patent protection is one of the most important ways companies can protect their assets. Patents provide an unequaled head start in the marketplace. With patent protection, your business can work out all the growing pains...more

The Patentability of Encryption Inventions

Encryption seems to be in the news quite a bit lately. Electronic retailers and government organizations have become targets of computer hackers across the globe, attacking their servers and obtaining sensitive information...more

Cleantech and solar photovoltaic innovation – an area of opportunity for the mining industry

The Australian Renewable Energy Agency’s (ARENA) funding priorities for new investment represent an area of opportunity for the mining industry. While investment in clean technology may, on the surface, seem at odds with the...more

MarkIt to MarketTM - September 2015

The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

[Event] PEDC Training: IP Blunders and How to Avoid Them - Oct. 6th, McLean, VA

On Oct. 6, Intellectual Property attorney Josh Brady will deliver a two-hour hands-on training session on how to recognize potential IP blunders and plot a course to avoid them. This will be the first in a series of IP...more

Patent Claims Are Not Drawn to Patent Eligible Subject Matter

The defendants filed a motion for judgment on the pleadings for invalidity under § 101. The motion was granted. The plaintiff’s claim construction was adopted for purposes of the motion. The Court then applied the two-step...more

#AliceStorm: The Summertime Blues Continue

In my July post, I noted that Section 101 court decisions were issuing fast and furious, with twelve decisions in just the first ten days. I predicted that "At this pace, we could see some twenty to thirty decisions this...more

Two Hundred and Twenty Fifth Anniversary of U.S. Patent X000001

U.S. Patent X000001 was granted on July 31, 1790 to Samuel Hopkins. The original document went missing for many years, only resurfacing in 1956. The inventor named is Samuel Hopkins, but which Samuel Hopkins was much in...more

Versata: What's Technological and The New Rule Against Improvements

What Is a "technological invention"? The other part of the CBM definition at issue in Versata is the exclusion of a technological invention from the scope of CBM review. Correctly, the Court noted that the USPTO's...more

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