It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of...more
The Inter Partes Review (IPR) and Covered Business Method (CBM) procedures were enacted on September 16, 2012. Since then, the PTAB has released data on a monthly basis to illustrate the trends in the various petitions and...more
In light of Enfish and DDR Holdings, software patent owners are quick to point out how their inventions improve the functioning of the computer itself. However, it is well understood that simply improving the functioning of...more
The Federal Circuit recently held a software patent to be eligible for patent protection for just the second time since Alice was decided almost two years ago, in a case now commonly referred to as Enfish. The district court...more
Software patent litigation can often involve non-practicing entities (“NPEs”) and other plaintiffs that some have accused of asserting weak patents to extract royalties. It is no surprise, then, that defendants move for...more
Unlike reexamination proceedings, inter partes review (IPR) proceedings rarely allow amendments to the claims to overcome a prior art invalidity challenge. In nearly all cases, the challenged claims of an IPR remain the same...more
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
Nearly one third of all patent cases filed in the United States are heard by a single judge - J. Rodney Gilstrap of the Eastern District of Texas. Many of these cases involve e-commerce or other internet-based patents such...more
A Covered Business Method (CBM) review applies to patents that “claim[] a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial...more
An invalid patent cannot be infringed. Regardless, the Supreme Court recently held a good faith belief in the invalidity of a patent does not negate a finding of induced infringement. But what about willfulness – can a good...more
The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176 (PTAB January 25, 2016, Order) (McKone, APJ). Westlake is interesting...more
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