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Written by Fred Nicholson and Cheryl T. Burgess The technical nature of a claimed improvement is central to the evaluation of claims under 35 U.S.C. §... Read More »
Written by Eric Y. Zhou and Vlad Teplitskiy Nearly 40 years ago, the Supreme Court held in Diamond v. Diehr that while patent claims directed solely to abstract... Read More »
Written by Chang Lim and Lincoln S. Essig The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method... Read More »
Written by Neil G. Anderson and Benjamin Anger The Federal Circuit affirmed the PTAB’s final written decision holding that claims from Michael... Read More »
Written by Scott Forbes and Jeremy Carney The Patent Trial and Appeal Board (“PTAB”) recently held in Ex parte Itagaki and Nishiara (PTAB... Read More »
Written by Robert J. Hilton, Ph.D. and Bryan McWhorter The Federal Circuit recently found claims to a specialized graphical user interface (GUI) for trading... Read More »
Written by Marc Chatenay-Lapointe, Ph.D. and Chrisopher M. DiLeo The Federal Circuit’s recent decision in Apple, Inc. v. Ameranth, Inc. highlights the... Read More »
Patent-eligibility of “physical” claims can be misleading. After all, a general purpose computer is a physical object but does not impart patentability to ... Read More »
Can boilerplate language describing possible variations to an invention ever impact validity of a patent?  Many software patents include standard... Read More »
Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice... Read More »
Patent attorneys are often asked the question: “Is my idea patentable?” Often the idea is related to software or business methods. Well-known business... Read More »
Comments
Curtis LeeMr. Kim: Do you think the drastic changes seen post-Alice with respect to software and business-method patents are an overall benefit to pure innovators and small business entities?
Oct 13, 2016
A few weeks ago, we identified the 25 most litigated patents since 2010 and learned they were responsible for more than 6% of all patent suits in the country. As... Read More »
Comments
TAEKSUNG KIMGreat analysis. Peculiarly however, I have found that there are many issued data processing patents in the field of autonomous vehicles. Efforts for preoccupying patents?
Sep 8, 2016
Pedram SameniThis analysis is independent of prosecution data. While we believe Alice and IPR may have impacted filing strategies of some companies, they are not directly related. We plan to do another study in the near future covering the prosecution data.
Sep 8, 2016
What's a good gadget with no apps?  In a world where people increasingly use their mobile phones for everything but making phone calls, this is ... Read More »
Getting a whole extra second added to your day might sound like a great thing -- okay it doesn’t really sound that great -- but if you're a programmer or... Read More »
As if Mark Zuckerberg and Facebook don’t have enough problems, Facebook’s being sued. The patent infringement suit filed by Software Rights... Read More »
Comments
Ray Van DykeYou gloss over patent law principles and assume much. Where a company takes another company's patented technology and is sued, then if that taking is shown, if that taking is egregious, and if the judge/jury thinks an example should be made, then the judge/jury MAY award enhanced damages. If the "taking" is accidental, then enhanced damages are normally not awarded.
Aug 13, 2012
Ray Van DykeSoftware patents are very important to many American companies. The reason we have controversy on software patents is these are fairly new. Plastics, sewing and other technologies that were cutting edge years ago have similar controversies. The patent system is rigorous and questionable patents can be invalidated either in court or at the Patent Office.
Aug 13, 2012
If Governments and Corporations around the world aren’t on edge over cyber security, after last week’s Black Hat conference in Las Vegas, they should be... Read More »
Computer scientists from Harvard University have created new software that allows animators to print any 3D animation as an articulated action figure with just the... Read More »
Members of the tech media are falling all over themselves to weigh in on the Microsoft Surface. Unveiled during what many refer to as an Apple-like spectacle, the... Read More »
Last week a federal jury found that Google did not commit patent infringement on two Oracle patents in question. In a unanimous verdict, the 10-member jury dashed... Read More »
Comments
Daniel PorterHoorah for open source! The last thing we need is an extensive software patent war on our hands as well, so with some luck this will start to nip it in the bud. I wonder if, as you suggest, this sort of decision will have any impact on the technological patent wars, with their pre-established rhetoric of fair use?
May 29, 2012
"Invention, strictly speaking, is little more than a new combination of those images which have been previously gathered and deposited in the memory; nothing can ... Read More »
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