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Archive for the ‘Patent’ Category

Fate of Software Patents Still Unclear Following SCOTUS Decision in Alice v. CLS Bank

By Amanda Liverzani Edited by Insue Kim

Intellectual property practitioners and technology companies anxiously awaiting clarification on the patentability of software will find little guidance in the Supreme Court’s recent decision in Alice. In the highly anticipated decision, the Court declined to articulate a definitive test for when software may be patented, instead relying on the precedent established in Mayo Collaborative Services v. Prometheus Laboratories Inc., 566 U.S. ____ (2012) and Bilski v. Kappos, 561 U.S. 593 (2010) to invalidate the software patents at issue.

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Posted On Jun - 28 - 2014 Comments Off READ FULL POST

Supreme Court Holds Liability for Induced Infringement of Method Patent Only if All Steps Attributable to One Person

By Kyle Pietari – Edited by Suzanne Van Arsdale

A unanimous Supreme Court reversed the Federal Circuit in holding that there can be no inducement liability without a statute-based direct infringement. This prevents liability for would-be infringers who collaboratively complete a claimed method, but neither completes every step.

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Posted On Jun - 24 - 2014 Comments Off READ FULL POST

Specific Facts Supporting Indirect Infringement Required for Software Supplier to Obtain Declaratory Judgment Against Patentee Suing End Users
By Geng Chen – Edited by Ashish Bakshi

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)

The Federal Circuit held that Microsoft and SAP had standing to bring invalidity and noninfringement declaratory judgment actions against DataTern, based on DataTern’s previous lawsuits against those companies’ software customers for direct patent infringement, but only to the extent that those direct infringement claims also established a controversy on issues of contributory and induced infringement.

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Posted On Apr - 19 - 2014 Comments Off READ FULL POST

Supreme Court Weighs Patent Eligibility of Software
By Mary Schnoor — Edited by Elise Young

The Supreme Court recently heard oral arguments in Alice Corp. v. CLS Bank Int’l, a case with the potential to determine whether, or when, computer-implemented inventions (i.e., software) are patent-eligible subject matter. Many commentators hope the Court will use this case as an opportunity to clarify what makes an invention an “abstract idea” that is ineligible for patenting.

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Posted On Apr - 10 - 2014 Comments Off READ FULL POST

Flash Digest: News In Brief
By Corey Omer

Apple v. Samsung — Round 2

Block v. eBay — Misinterpreting Terms of Service

GrubHub Goes Public

Tweet Away, Turkey

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Posted On Apr - 7 - 2014 Comments Off READ FULL POST
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