Posts Tagged: software patents


The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect

I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
By Russell Slifer
4 days ago 20

It May Be Time to Abolish the Federal Circuit

I don’t really know why we need the Federal Circuit anymore. Witness the denial of en banc rehearing in Athena Diagnostics, Inc. v. Mayo Collaborative Services, …
By Gene Quinn
9 days ago 35

Beyond 101: An Inventor’s Plea for Comprehensive Reform of the U.S. Patent System

Inventors are seeing the light and are looking increasingly to the East for protection of their patents. Specifically, to China, where patent protection was once non-existent; China …
By Emil Malak
11 days ago 18

As Congress Contemplates Curbing Alice, More Than 60% of Issued U.S. Patents are Software Related

It has been more than two years since I last wrote here that the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision has left …
By Raymond Millien
16 days ago 2

Federal Circuit Cellspin Ruling Provides Important Clarifications on Aatrix and Berkheimer

On June 25, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Cellspin Soft, Inc. v. Fitbit, Inc. (2018-1817, 2018-1819 to 1826), reversing a …
By John M. Rogitz
17 days ago 3

Supreme Court Refusal to Hear Investpic Signals Death for Most Software Patent Applications

The Investpic v. SAP America case (Supreme Court Dkt. No. 18-1199), which is the 44th patent eligibility case to be considered for certiorari since the notorious Alice …

USPTO Commissioner for Patents on Life Five Years After Alice: We’ve Come a Long Way

Panelists in this past Thursday’s IPWatchdog webinar, “Dissecting Alice,” gave credit to the U.S. Patent and Trademark Office (USPTO) for the steps it has taken …
By Eileen McDermott
25 days ago 1

Inventors Must Oppose the Draft Section 101 Legislation

When it was announced that I would be testifying to the Senate Judiciary Subcommittee on IP about Section 101, I was surprised. Not only did they grant a …
By Paul Morinville
25 days ago 50

Last Week at the PTAB: Comcast Denied Petitions Against Rovi; Priceline.com Wins Six Joinder Motions

During the week of June 10, the Patent Trial and Appeal Board (PTAB) issued institution decisions for 21 petitions seeking inter partes review (IPR) proceedings to challenge the validity …
By IPWatchdog
28 days ago 0

Last Week at the PTAB: Apple Loses Joinder Motion, Comcast and Flywheel Succeed on Petitions, IBM Escapes Expedia Challenge

Last week, the Patent Trial and Appeal Board (PTAB) issued 51 institution decisions, with denials narrowly edging out institutions by a 26-25 margin. In a decision on six …
By IPWatchdog
1 month ago 0

Gene Patent/Drug Pricing Concerns and Unintended Consequences Dominate Second Senate Hearing on 101

Wednesday’s Senate hearing on patent eligibility reform, which began more than 30 minutes late due to votes on the floor, opened with Senator Thom Tillis (R-NC) reiterating …
By Eileen McDermott
1 month ago 29

First Senate Hearing on 101 Underscores That ‘There’s More Work to Be Done’

The first of three scheduled hearings in which the Senate IP Subcommittee will hear testimony from a total of 45 witnesses on the subject of patent eligibility law …

The Lineup: Who We’ll Hear from in the First Two Senate Hearings on Section 101 Reform

To kick off the month in which Alice v. CLS Bank will turn five, the Senate Judiciary Committee’s Subcommittee on Intellectual Property will hold its first …
By Eileen McDermott
2 months ago 18

Draft Text of Proposed New Section 101 Reflects Patent Owner Input

A group of Senators and Representatives has just released the draft text of a bipartisan, bicameral proposal to reform Section 101 of the Patent Act. Senators Thom Tillis (…
By Eileen McDermott
2 months ago 46

Business Method Patents Recover Under USPTO Guidance

Business method patents have recovered under the new 2019 Revised Patent Subject Matter Eligibility Guidance. As the graph above shows, allowances per office action (APOA) dropped from 17% before …
By Mark Nowotarski
2 months ago 6