Theodore Rand
Posts by Theodore Rand
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)
In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part I)
Last year was an active one at the United States Court of Appeals for the Federal Circuit (CAFC) for software eligibility. It also was a brutal year …
CAFC Affirms Prosecution History Estoppel Does Not Bar Eli Lilly from Asserting Infringement Under the Doctrine of Equivalents
In Eli Lilly & Co. v. Apotex, Inc., decided last week, the Federal Circuit affirmed a district court finding of infringement under the doctrine of equivalents. The patent …