News & Analysis as of September 21, 2024

America Invents Act › Software Patents

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

2022 Design Patents Year in Review: Analysis and Trends: PTAB: Odds of Escaping Challenges Remain Steady for Design Patents,...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/23/2023

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions...more

[Webinar] CLE Institute - Can They Own That? A Summary of the Biggest Patent and Trademark Cases and Trends of 2020. - October...

Williams Mullen on 10/8/2020

This program will cover important patent and trademark trends and cases in 2020, including: - The Trademark Modernization (TM) Act of 2020 - Counterfeiting: Tiffany v. Costco - Transformation from Generic to Protectable:...more

Patent Troll Suits Down, Not Out in 2018

International Lawyers Network on 8/8/2019

Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Framing Your Pitch: A Lesson from the TTI v. IBG Cases

Sheppard Mullin Richter & Hampton LLP on 5/7/2019

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These...more

Big Picture on Software Patent Eligibility: The Forces at Work

Knobbe Martens on 1/29/2019

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

PTAB Denies CBM Institution Based on Technological Invention Exception

Jones Day on 12/29/2017

On December 1, 2017, the PTAB denied institution of a covered business method (“CBM”) petition because the challenged patent is directed to a “technological invention” and therefore is ineligible for CBM review under section...more

Software Is Still Patent Eligible

Mintz on 2/16/2017

In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS...more

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2016

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

Intellectual Property Law - July 2016

Manatt, Phelps & Phillips, LLP on 7/8/2016

Supreme Court: Status Quo in Cuozzo - Why it matters: On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes...more

Intellectual Property Law - December 2015

Manatt, Phelps & Phillips, LLP on 12/23/2015

Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

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