News & Analysis as of

Microsoft Software Patents

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 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

Lathrop GPM

Using the Enfish Decision to Your Advantage – Practical Tools for Fighting Alice

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On May 12, 2016, the Federal Circuit reversed the District Court and found two software-related patents “directed to an innovative logical model for a computer database” patent eligible under 35 U.S.C. §101 [Enfish, LLC, v....more

Mintz - Intellectual Property Viewpoints

Even After Enfish, Alice Still Casts a Shadow at the PTAB

When it comes to Enfish, the PTAB may have just indicated that it prefers to cut bait. In Informatica Corp. v. Protegrity Corp., CBM2015-0021 (May 31, 2016), the PTAB held that U.S. Patent No 6,321,201 was void under Alice...more

Mintz - Intellectual Property Viewpoints

A New Hope for Software Patents?

Software patents have been facing intense scrutiny under 35 U.S.C. § 101 for subject matter eligibility since the U.S. Supreme Court’s Alice v. CLS Bank decision in 2014. In the last two years, the patent ecosystem...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Memorandum Regarding Enfish and TLI

On the heels of the Federal Circuit handing down two subject matter eligibility decisions regarding software, the U.S. Patent and Trademark Office has published a memo to its examining corps regarding these cases. On May 12,...more

Saul Ewing LLP

Federal Circuit Limits Applicability of “Abstract Idea” to Claims Directed to “Improvement to Computer Functionality Itself”

Saul Ewing LLP on

The Federal Circuit has issued a decision in Enfish, LLC v. Microsoft Corp., No. 2015-1244 (Fed. Cir. May 12, 2016) reversing (in-part) a district court decision and, instead, holding that claims directed to...more

Baker Donelson

Light in the Alice Tunnel: Software Claims Found Patentable

Baker Donelson on

On May 12, the Court of Appeals for the Federal Circuit in Enfish, LLC v. Microsoft Corporation provided much needed guidance for the patent community in finding that software claims were patentable subject matter under...more

Faegre Drinker Biddle & Reath LLP

How Federal Circuit Provides New Hope for Computer and Software-based Patents in Enfish, LLC v. Microsoft Corporation

In just its second opinion upholding claims under Alice v. CLS Bank, the Federal Circuit has interpreted Alice in a manner that could save a “substantial class” of inventions from the strikingly-high invalidity rate under the...more

Brownstein Hyatt Farber Schreck

The Federal Circuit Pushes the Pause Button on Section 101 Challenges

Last week, the Federal Circuit Court of Appeals imposed important limitations on the post-Alice doctrine of software patent invalidity—patent owners everywhere could be heard sighing in relief. In Enfish, LLC v. Microsoft...more

Stinson LLP

Federal Circuit Broadens Eligibility Requirements for Software Inventions

Stinson LLP on

Enfish, LLC v. Microsoft Clarifies Which Patents are Not Direct to "Abstract Ideas" - Last week, in Enfish, LLC v. Microsoft Corp., 2016 WL 2756255 (Fed.Cir. 2016), a panel of the U.S. Court of Appeals of the federal...more

Neal, Gerber & Eisenberg LLP

Software Patents Aren’t Inherently Abstract—Patent Appeals Court Clarifies and Enhances Software Patent Eligibility

In Enfish, LLC v. Microsoft Corp., the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without...more

Ballard Spahr LLP

Federal Circuit Finds Software Patent Not Abstract

Ballard Spahr LLP on

Reversing a district court holding, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that two patents directed to a method for organizing data in a computer database did not claim an unpatentable...more

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

CAFC Finds Software Patent Eligible Under 35 U.S.C. §101

The Federal Circuit in Enfish LLC v. Microsoft reverses the California District Court decision that several patents related to a “self-referential” database were invalid as ineligible under 35 U.S.C. §101. Overview - ...more

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