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Supreme Court of the United States › Patent Litigation › Software Patents

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McDonnell Boehnen Hulbert & Berghoff LLP

Microprocessor v. Abacus: The Fictional Patent-Eligibility Debate between a Patent Attorney and a Retired Supreme Court Justice

McDonnell Boehnen Hulbert & Berghoff LLP on

JUSTICE HÄAGEN-DAZS:  Imagine King Tut lounging outside his pyramid, surrounded by gold and bad financial instincts. He's handing out chits left and right, "Good for one unit of gold, redeemable later." He's got an abacus guy...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

International Lawyers Network on

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

Vedder Price

Overcoming Early Alice Rejections in Litigation

Vedder Price on

In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more

Proskauer - New England IP Blog

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 2

Proskauer - New England IP Blog on

This post follows our previous post summarizing Federal Circuit cases upholding software patent claims on Alice Step 1 grounds.  Here, Step 2 decisions are explored in more detail, with a focus on additional lessons learned...more

Mintz - Intellectual Property Viewpoints

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

Mintz - Intellectual Property Viewpoints on

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

Bradley Arant Boult Cummings LLP

Patent Examiners Who Cut Corners in Subject Matter Eligibility Decisions Can Be Reversed

Bradley Arant Boult Cummings LLP on

Due to the rapidly shifting requirement for subject matter eligibility, some patent examiners seem to believe that, when it comes to software inventions, they are entitled to assume the invention is not patent eligible...more

McDonnell Boehnen Hulbert & Berghoff LLP

"Software" Claims Reciting No Structural Components and Having Questionable Novelty Struck Down under 35 U.S.C. § 101

McDonnell Boehnen Hulbert & Berghoff LLP on

Two recent District Court decisions show examples of "weak" claims, which in the past would likely be found invalid as lacking novelty or being obvious, but today are struck down as being unpatentable under § 101. The cases...more

McDonnell Boehnen Hulbert & Berghoff LLP

Comments on the USPTO's Subject Matter Eligibility Guidance -- BSA

McDonnell Boehnen Hulbert & Berghoff LLP on

On July 30, 2015, the U.S. Patent and Trademark Office updated its subject matter eligibility guidance ("July Update"). In the July Update, the Office provided recommendations and resources for examiners in addition to those...more

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