Posts Tagged: computer software


Picking winners and losers based on innovation design is unsound, unwise, and just plain stupid

On some basic level everything can be characterized as an idea. It is also all too easy for those who are not technically trained to believe, no …
2 days ago 5

Patenting business methods and software still requires concrete and tangible descriptions

The key to obtaining a software patent is to thoroughly describe the system and processes from a technological level. As to Judge Chen explained in DDR Holdings, …
4 days ago 0

John Deere, GM push back against consumer modifications of vehicle software

One of the more active areas during this round of public comments collected by the Copyright Office involves the prohibitions against circumvention for Proposed Class 21, which covers …
2 months ago 13

How to Fix the Software Patent Mess: Go Back to Basics

If U.S. patent eligibility rules were more clear and predictable, the useful art of software development would be more prevalent. The “notorious computer” of the European …
4 months ago 9

1998: Federal Circuit Says Yes to Business Methods

It is really incorrect to say that the Federal Circuit eliminated the business method exception in State Street Bank, although the same net effect admittedly occurred regardless …
9 months ago 2

I Thought Banks Didn’t Like Financial Software Patents?

The big banks have backed Schumer for years, which makes sense since he is the senior Senator from the States of New York, which is where all …
9 months ago 5

Federal Circuit Finds Software Patent Claim Patent Eligible

Of particular interest, the Federal Circuit found that the ‘399 patent constituted patent eligible subject matter, was not invalid and was infringed. This is big news because in …
9 months ago 28

Freeman-Walter-Abele – A Tortured History of Software Eligibility

The influence of the thinking behind Freeman-Walter-Abele can also be seen in the Supreme Court’s decision in Alice. Thanks to Alice the focus is now on …
9 months ago 6

The History of Software Patents in the United States

Software patents have a long history in the United States. Computer implemented processes, or software, has been patented in the United States since 1968... Originally in Benson, the …
9 months ago 8

Software Forensics: Qualifying Tools and Experts Who Use Them

One of the big reasons there is such a need for software forensics is to interject objectivity into what is otherwise a battle of experts who are …
10 months ago 2

Software Forensics: Objectively Proving Infringement or Misappropriation

Software forensics is the examination of software for producing results in court. The objective of software forensics is to find evidence for a legal proceeding by examining …
10 months ago 0

The Patent Drafting Disclosure Revolution: Don’t Ask Alice

No question exists that patent eligibility under Section 101 has been, and remains, the most active question in patent law. Watching the rapid flow of cases back and …
11 months ago 4