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Archive for the ‘Software’ Category

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 Add Comments READ FULL POST

Federal Circuit Limits the ITC’s Authority to Address Post-Importation Induced Infringement
By Mary Schnoor  – Edited by Mengyi Wang

In Suprema v. ITC, the Federal Circuit vacated and remanded the ITC’s finding of induced infringement of a method patent when direct infringement occurred only after the imported product, a fingerprint scanner, was combined with software by a customer within the United States. The Federal Circuit concluded that the ITC’s authority to block “articles that . . . infringe” only applies when the articles being barred directly infringe a U.S. patent at the time of importation.

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Posted On Mar - 18 - 2014 Add Comments READ FULL POST

Federal Circuit Finds Means–Plus–Function Algorithm Claim Invalid for Indefiniteness
By Aditya Gupta – Edited by Kathleen McGuinness

Ibormeith IP, LLC v Mercedes-Benz USA, LLC

The Federal Circuit affirmed a district court’s holding that certain means-plus-function claims of Ibormeith’s patent -  “Sleepiness Detection for Vehicle Driver or Machine Operator” – were invalid for indefiniteness under 35 U.S.C. § 112. The court also noted that Ibormeith’s arguments for the breadth of its disclosure, for the purpose of infringement, must be held as “binding admissions” when evaluating claim validity.

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Posted On Oct - 30 - 2013 Comments Off READ FULL POST

Innovator’s Patent Agreement: Defensive Patenting Strategies in the Software Industry

Written by: Suzanne Van Arsdale
Edited by: Michelle Sohn

On May 21, 2013, Twitter launched version 1.0 of the Innovator’s Patent Agreement (“IPA”), which formalizes a company’s commitment to non-offensive patenting and leaves some control in the hands of inventors. This Comment addresses the incentives for and legal implications of adopting the IPA, software industry concerns and current practices, and other defensive patenting mechanisms.

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Posted On Aug - 11 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Kathleen McGuinness

Google News Becomes Opt-In in Germany

Federal Circuit Rules that Software Patent Is Not an “Abstract Idea”

Tokyo Court Rules for Apple, Against Samsung in Bounce-Back Patent Dispute

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Posted On Jun - 22 - 2013 Comments Off READ FULL POST
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In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...