Posts in Software


Licensed to Thrive: A Due Diligence Roadmap for Would-Be Software Licensors

When it comes to gathering information prior to settling on a prospective licensee, less is certainly not more. For this reason, companies angling to license software must …
By Peter Cifichiello
1 day ago 1

Software Patent-Eligible Subject Matter: Claiming Improvements in Computer Functionality

Particularize the claims.  This helps overcome the “abstract” part of a 101 rejection. Put details into the claims to define the steps performed in the software and hardware …
By G. Michael Roebuck
3 months ago 30

Software Licensing Disputes Are On the Rise

Software licensing disputes are on the increase, a trend that is being driven to a large degree by customers implementing new technologies without examining how this affects …

Oracle v. Google: Protecting Software Development, Not Destroying It

Many articles are coming out about how the recent decision in Oracle America v. Google is going to destroy the ability to create and protect software in …
By Bob Zeidman
4 months ago 2

Google vs. the Luddites: A Patent Battle Neither Side Should Win

The idea that all software is obvious is a theoretical argument that doesn’t just border on the scattological, it wades right into the sewer. Consider artificial …
By Steve Brachmann
5 months ago 38

Negotiating Your First Big Tech Software License

One of the critical moments in the life of a start-up tech company is landing its first big contract with a giant tech company. That first tech …
By Mitchell Stein
7 months ago 2

Microsoft Announces Shared Innovation Initiative Encouraging Industry Partners to Patent Collaborative Innovations

On Wednesday, April 4th, the official Microsoft blog published a post written by the company’s president and chief legal officer, Brad Smith, which announced the company’…
By Steve Brachmann
7 months ago 0

Portal Communications Alleges Apple’s Siri Willfully Infringes on Natural Language Processing Patents

Portal Communications filed a suit for patent infringement against Cupertino, CA-based consumer tech giant Apple Inc. At issue in the case, which was filed in the Eastern …
By Steve Brachmann
8 months ago 1

Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment

Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
By Gene Quinn
9 months ago 15

Revised MPEP May Provide New Tools in Alice Rejections

The MPEP requires that “[i]n particular, the initial burden is on the examiner to explain why a claim or claims are ineligible for patenting clearly and …
By Kevin A. Rieffel
9 months ago 7

Federal Circuit says Claims for Summarizing Information are Not Abstract

The Federal Circuit affirmed the district court’s denial of LG‘s motion for summary judgment that various claims of Core’s patents were directed to patent …

Apple Files Patent for Recognizing Whispered Voice Commands

One digital assistant technology developed by Apple allowing Siri to respond to whispered voice commands is disclosed by U.S. Patent Application 20170358301, titled Digital Assistant Providing Whispered …
By Benjamin Joe
10 months ago 4

Claims not directed to abstract results when reciting specific steps that accomplish a desired result

According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the …

Federal Circuit says Finjan virus-screening method not abstract, is patent eligible

In Finjan, Inc. v. Blue Coat Systems, Inc., the United States Court of Appeals for the Federal Circuit recently affirmed-in-part, reversed-in-part, and remanded the case to the …
By John M. Rogitz
10 months ago 0

Benefits of NASA Space Directive on Mars could be Limited by Uncertain Software, Biotech Patentability

President Donald Trump signed a new space policy directive for human expansion across the solar system, a directive which hearkens at least slightly back to Horace Greeley’…
By Steve Brachmann
11 months ago 3

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