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Computer-Related Inventions Software Patents

Lewis Roca

Patent Protection for Entertainment Software Inventions

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Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of...more

Holland & Knight LLP

D. Ariz.: Exchanging Geographic and Demographic Data is not Patent Eligible under Section 101

Holland & Knight LLP on

In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Worried About Alice

Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to...more

Kidon IP

Legal Protection for the Software Arts — Part 3

Kidon IP on

In most jurisdictions around the world, the most common form of protection for software is copyright. In the US, ever since the Alice decision, copyright was thought to be the best form of protection for software. Given...more

Kilpatrick

Will There Be a Legislative Push to Reform Patent Eligibility Requirements During the Biden Administration?

Kilpatrick on

On March 5, 2021, bipartisan members of the Senate Committee on the Judiciary Subcommittee on Intellectual Property, Senators Tillis (R-NC), Hirono (D-HI), Cotton (R-AR) and Coons (D-DE), sent a letter to the USPTO’s...more

Foley & Lardner LLP

Patenting Software in AI, VR, and 3D Printing

Foley & Lardner LLP on

With rapid changes, pressure to innovate, and acceleration of implementation of advanced technology across all stages of the supply chain over the past year, there are important intellectual property (IP) considerations that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Simio, LLC v. FlexSim Software Products, Inc. (Fed. Cir. 2020)

This decision is bad.  Not an American Axle level of bad, but still quite far from good. Simio sued FlexSim in the District of Utah for alleged infringement of its U.S. Patent No. 8,156,468.  FlexSim moved for dismissal on...more

Manatt, Phelps & Phillips, LLP

Patent Drafting Error? Claim Language Interpreted as Oft-Dreaded Means-Plus-Function Element

On August 28, the Federal Circuit issued its decision in Egenera, Inc. v. Cisco Systems, Inc., offering a timely reminder of the importance of carefully drafting claim language as well as the technical specification that is...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Blank Rome LLP

Issues to Consider before Asserting a Software Patent

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Software patents have garnered a lot of attention in recent years due, at least in part, to the proliferation of software-enabled devices, such as smartphones and tablets, and the use of software to control a range of devices...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Prosecution Tool Kit: Update on Patent Subject Matter Eligibility & Abstract Ideas

Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, patent stakeholders have faced many difficulties navigating the world of patent-eligibility. Through many Federal Circuit decisions and Guidance given by the U.S....more

Holland & Knight LLP

Prior Judicial Rulings Unrelated to Patent Eligibility Inconsequential to Federal Circuit Section 101 Analysis

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WhitServe LLC asserted two patents against Donuts Inc., both of which claimed systems and methods by which providers of professional services, using the internet, could send reminders to clients and obtain responses from...more

McDonnell Boehnen Hulbert & Berghoff LLP

Barbaro Technologies, LLC v. Niantic, Inc. (N.D. Cal. 2020)

Claims for an Interactive 3D Virtual Environment Found Patent Ineligible - In the field of computer gaming, the U.S. District Court for the Northern District of California recently granted Defendants' Rule 12 motion...more

Bradley Arant Boult Cummings LLP

Done at Step 1: When a Claim Is Tied to an Improvement, No Need to Proceed to Alice Step 2

By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Improvements Inherent to Using a Computer, Such as Improved Speed and Efficiency, Do Not Transform an Abstract...

In deciding patent eligibility of computer-implemented claims, courts consider whether the claims merely implement a generic computer or whether they improve the functioning of the computer itself. The Federal Circuit...more

Holland & Knight LLP

Federal Circuit: Complexity Does Not Necessarily Impart Section 101 Patentability

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Earlier this week, the Federal Circuit reviewed a PTAB affirming the examiner’s rejection of claims directed to a computer-conducted method of "assigning and managing the rights to receive taxes when amounts are disbursed...more

Mintz - Intellectual Property Viewpoints

Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology

Artificial Intelligence (AI) inventions have aided development in nearly every industry, but perhaps none more so than synthetic biology. For synthetic biology researchers, AI has developed into a vital tool to create cutting...more

Jones Day

Federal Court Relies on PTAB Findings in Denying Section 101 Summary Judgment Motion

Jones Day on

Despite the prohibition on patenting “abstract ideas” and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an...more

Holland & Knight LLP

E.D. North Carolina Axes Patent Directed to Teaching Guitar

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Rocksmith sued Yousician Oy, alleging infringement of its patent entitled "interactive guitar game." The patent discloses software for learning to play the guitar and provides an "effective way to provide interactive method...more

Troutman Pepper

Congress Sets The Stage To Expand Patent Eligibility For Computer-implemented Inventions

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Senators from both sides of the aisle expect to introduce a final bill this summer that could significantly improve the prospects for patent applicants with software and business method inventions. Congress recently held...more

Holland & Knight LLP

Game Over: Multiplayer Gaming Patent Found to be an Abstract Idea

Holland & Knight LLP on

Judge Maryellen Noreika (D. Delaware) has been very active since receiving her judicial commission less than a year ago, including already issuing a handful of Section 101 opinions. In Sandbox Software v. 18Birdies, she holds...more

Fish & Richardson

Patenting Software: A Case Study in Overcoming Alice

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In 2014, the United States Supreme Court handed down its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. 208, which significantly altered the patentability of software, business methods,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019 #4

SRI Int’l, Inc. v. Cisco Sys., Inc., Appeal No. 2017-2223 (Fed. Cir. Mar. 20, 2019) - In a decision following trial, the Federal Circuit addressed the issue of the eligibility of patent claims directed to technology meant...more

Knobbe Martens

Sri International, Inc. v. Cisco Systems, Inc.

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Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from District of Delaware. Summary: Under step one of Alice, a claim is not directed to an abstract idea when it recites a specific technique to...more

Sunstein LLP

January 2019 IP Update - The Federal Circuit Refines the Post-Alice Landscape, Holding Spreadsheet Tabs Patent-Eligible

Sunstein LLP on

In Data Engine Technologies LLC v. Google LLC, holding patent-eligible a spreadsheet provided with tabs to facilitate navigation, the Federal Circuit continued, in late 2018, to refine the law of patent eligibility of...more

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