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Posts Tagged: "Thales Visionix"

Software Patent Drafting Lessons from the Key Lighthouse Cases

Obtaining a U.S. software patent is still harder than it was five years ago, but studying these “lighthouse” cases can improve one’s chances of success. While the Federal Circuit’s decision in Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018) and the USPTO’s guidance to patent examiners on the Berkheimer decision have recently improved the landscape for software patents, the following cases contain critical lessons for drafters that can further ensure claims are patent eligible.

CAFC says PTAB Entitled to Weigh the Credibility of Experts, Ignore Attorney Argument

Elbit’s expert argued that the asserted claims were obvious because the two-step and three-step methods are “mathematically equivalent” in that the three-step method simply reorders steps employed in the prior art without producing a new or unexpected result. The Federal Circuit disagreed, finding that Thales’s expert sufficiently explained the differences between the two-step and three-step methods. The panel also agreed with the Board that Elbit’s expert’s testimony was “unsupported” and not entitled to weight because he failed to account for or address the relative angular rate signal limitation in claim 3 anywhere in his opinion.