Posts Tagged: software patent
Federal Circuit: No matter how much the advance the claims recite, they are patent ineligible
This case and the passage above merely confirms what we have long known to be true. The magnitude of the innovation does not matter. Whether there is …
Eligibility Rejections are Appearing in Greater Frequency Across all Computer Related Technology Centers
Four years after the Alice decision, we seem to just now be detecting the full impact of the decision. The initial response by the USPTO resulted in …
Breaking Through on Patent Eligibility, From Drafting to Litigation
Over the last five weeks there has been a seismic shift in the way the Federal Circuit views the resolution of patent eligibility issues during patent infringement …
China Outpaces U.S. in AI Startup Funding, Aims for AI Dominance
In 2017, 48 percent of the world’s entire equity funding for AI startups was located in China. The U.S. was in second-place, lagging behind at 38 percent of …
Do you have Technology to block Robocalls? The FTC & FCC Want You!
The Federal Trade Commission and the Federal Communications Commission want you — at least if you are an innovator with a solution for preventing illegal Robocalls. On April 23, …
Is there a Light at the End of the Alice Tunnel?
Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
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 …
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 …
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 …
Unlocking the Value in Software Patents
Alice has had an impact on software patents, but they still hold significant value. If your portfolio includes software patents, there will be times when you want …
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 …
Federal Circuit Curtails Alice: Economic arrangements using generic computer technology ‘significant, if not determinative’
On December 8, 2017, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Inventor Holdings, LLC v. Bed Bath & Beyond, Inc. (2016-2442) that …
Software Patent Eligibility at the Federal Circuit 2017
If there was a theme that emerged in 2017 it is the necessity to have what is specifically innovative disclosed in the claims. While not a particularly new …
Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification
In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …
