Posts Tagged: Software


After Alice: Is New Legislation Needed? Before Alice: Was there a Precedent?

the Courts have found it difficult to use the Mayo two-part test in the examination of a patent’s validity thus creating great uncertainty... One should not …
By Martin Goetz 1 month ago 7

Source Code Review: Mitigating Risks and Reducing Costs

Source Code Review is the most powerful tool in a litigator’s war chest in patent and trade secrets cases. An important consequence of the judicial climate …
By Rahul Vijh 1 month ago 1

IBM hits torrid patent pace in Q1 2016, invents cloud management and automotive tech

2016 has gotten off to a strong start for the company as the patent portfolio analysis tools at Innography are showing us that IBM has already earned 1,927 U.…
By Steve Brachmann 2 months ago 0

Defeating Alice with Data

Several questions every patent attorney should be asking before responding to an Alice rejection are: (1) How many Alice rejections has the examiner issued? (2) What does he or …
By James Cosgrove 3 months ago 22

The Evolution of the Internet: The spanning tree protocol, a major achievement in Internet routing

While the history of Internet development involves many names and was not reliant on a single discovery, it is also true that certain innovations have done more …
By Steve Brachmann 4 months ago 6

First mover advantage, a false premise in software innovation

The first mover storyline also provides a false narrative because it is flat wrong from the customer perspective as well. Simply stated, the first mover myth ignores …
By Paul Morinville & Gene Quinn 4 months ago 12

IBM receives most U.S. patents for 23rd consecutive year

IBM once again has topped the list of annual U.S. patent recipients, receiving 7,355 patents in 2015. This is the 23rd consecutive year IBM has received more U.…
By Gene Quinn 4 months ago 2

Protecting IP in an Agile Software Development Environment

Over the last decade, there has been a movement among the software developer community to employ some form of “agile development” rather than the traditional software development …

Programmed computers are switching machines, and not directed to an abstract idea

A computer is a machine, yet there is an ongoing trend to “anthropomorphize” computers. That is: functions that are performed by humans are said to be able …
By Peter Lablans 5 months ago 11

Alphabet continues Google innovation in autonomous vehicles, e-commerce solutions

U.S. Patent No. 9180882, which is titled Avoiding Blind Spots of Other Vehicles, covers a method for maneuvering a vehicle protected here involves receiving sensor data collected …
By Steve Brachmann 6 months ago 1

Software Patent Eligibility: Where is the Industry Heading?

''There should be no serious question that computer-implemented inventions such as software constitute patent-eligible subject matter under § 101,'' Paul Clement wrote in a brief filed on behalf …
By Gene Quinn 6 months ago 2

A patent conversation with Mark Cuban

CUBAN: I have invested in more than 150 companies and never has having or not having a patent impacted the final decision. Small businesses can and do become …
By Gene Quinn 7 months ago 54

Copyright Office issues DMCA exemptions for automotive software, jailbreaking smart TVs

Automotive software exemptions were only one class of circumvention made allowable by the recent copyright rules which may be exciting for some DIY tech enthusiasts. Jailbreaking, or …
By Steve Brachmann 7 months ago 1

The Naked Truth: 30% of US Unicorns Have No Patents

Topping the list of US Unicorns (a pre-exit startup with a valuation exceeding $1 billion) are high flyers like Uber at $51 billion and Airbnb at $25.5 billion, followed by …
By Efrat Kasznik & Lynn Dudinsky 7 months ago 11

TPP: What the Government Use of Software Provisions Mean

The language of the Trans-Pacific Partnership’s ostensible provision on Government Use of Software (Article QQ.H.11) is short and relatively straight-forward. This article examines the Trans-Pacific …
By Eleanor K. Meltzer 7 months ago 3