News & Analysis as of

Software Claim Construction

Manatt, Phelps & Phillips, LLP

User Identification Module Held Means-Plus-Function Element, Lacked Structure/Algorithm and Invalid

In Rain Computing, Inc. v. Samsung Elecs. Am., Inc., the Federal Circuit held that the claimed language “user identification module” was a means-plus-function element with no corresponding structure disclosed in the...more

McDermott Will & Emery

Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation

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The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

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Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Speedtrack Inc. v. Amazon.com, Inc. (N.D. Cal. 2017)

File-Searching Software Patent Found to be Patent Eligible - Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. ...more

Troutman Pepper

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

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The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

Robins Kaplan LLP

9 Key Factors That Impact Patent Valuations

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Figuring out what a patent is worth can often feel like black magic. But, doing so can be critical during an IP due diligence or when trying to assess the value of a company built around the intellectual property. In...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2015

Fenwick & West LLP on

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Decreases Strength of Presumption Against Treatment of Patent Claims as Means-Plus-Function

Accused infringers challenging patent claims now have a new arrow in their quiver as a result of yesterday's holding in Williamson v. Citrix Online, et al. In an en banc decision, the Federal Circuit replaced an earlier...more

Faegre Drinker Biddle & Reath LLP

Software-Related Claim Construction: How to Steer Clear of "No-Man's Land"

In Allvoice Developments US, LLC v. Microsoft Corp., the Federal Circuit affirmed a district court finding that claims were invalid under 35 U.S.C. § 101. The Federal Circuit noted that although the claims were directed to...more

Fenwick & West LLP

Tracking #AliceStorm: Spring Showers Continue to Rain Patent Destruction

Fenwick & West LLP on

It's been six weeks since my last AliceStorm update, and we've had plenty of action: twelve §101 decisions, and fourteen patents invalidated in just that period. That said, the success rate of motions on the pleadings is...more

Robins Kaplan LLP

Compiling Successful IP Solutions for Software Developers

Robins Kaplan LLP on

Patent eligibility for software has been in a state of flux ever since the 2014 Supreme Court ruling in Alice Corp. v. CLS Bank International. Attorneys Seth Northrop and David Prange discuss the two-step framework for...more

Robins Kaplan LLP

Claim terms construed, emphasizing construction is a mixed question of law and fact, and finding a preamble limiting and...

Robins Kaplan LLP on

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF - On October 3, 2014, Judge Forrest construed terms of four JobDiva patents and one Monster patent. The JobDiva patents are...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - September 2014 #2

Airline Rewards Conversion Method Invalid Under Alice and Bilski - On September 2, 2014, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, ruled that two patents on a...more

Fenwick & West LLP

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

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What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more

Fenwick & West LLP

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

Fenwick & West LLP on

A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more

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