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Archive for the ‘Supreme Court’ 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.


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.


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

“Smoking Gun” Needed: Even after Clapper Provided a Path to Challenge the Law, the FISA Amendments Act May Still Be Bulletproof

Written by: Christopher A. Crawford

Edited by: Loly Sosa

The ACLU’s challenge to the NSA’s surveillance of American citizens failed because plaintiffs, who were American citizens, had no standing; in other words, they could not prove that they had been injured by the law. Plaintiffs will need a “smoking gun” that their privacy had been violated before they could gain standing.


Posted On Jun - 14 - 2014 Comments Off READ FULL POST

Google to Supreme Court: Snagging Data from Unsecured Wi-Fi is Perfectly Legal
By Michael Shammas – Edited by Mary Schnoor

Google has filed a petition for a writ of certiorari asking the Supreme Court to label its Street View cars’ collection of unencrypted Wi-Fi traffic legal, appealing the Ninth Circuit’s decision that Google may have violated the federal Wiretap Act. Google believes unencrypted Wi-Fi traffic should be classed as “radio communications” accessible to the public.


Posted On Apr - 14 - 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.


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