LexisNexis® Legal Newsroom
Fitch, Even, Tabin & Flannery: Federal Circuit Issues Major Ruling Regarding Software Patents

By Nicholas Peters On August 16, 2011, the Court of Appeals for the Federal Circuit issued a decision that impacts one popular way to claim software-based inventions. In a unanimous three-judge panel decision in CyberSource Corp. v. Retail Decisions, Inc ., the court held that the test for patentable...

Nonobviousness Standards for Hardware and Software Before and After KSR: What is the Difference?

By Michelle Friedman Murray Excerpt from Nonobviousness Standards for Hardware and Software Before and After KSR: What is the Difference? , 93 J. Pat. & Trademark Off. Soc'y 259 (November 2011) I. Introduction Conventional wisdom holds that the bar for proving nonobviousness for software...

Patents Post-Grant: Senator Urges USPTO to Tackle Software & E-Commerce Patents

Transitional Program for Covered Business Method Patents (TPCBMP) The Transitional Program for Covered Business Method Patents, (TPCBMP) will be implemented by the USPTO on September 16, 2012. The new post grant option essentially provides that any "covered business method patent" may be...

Fitch, Even, Tabin & Flannery LLP: Supreme Court Vacates and Remands Software Patent Case

The U.S. Supreme Court has granted certiorari in WildTangent, Inc. v. Ultramercial, LLC, et al . [ enhanced version available to lexis.com subscribers ], and has instructed the Court of Appeals for the Federal Circuit to revisit its WildTangent decision in light of the Court's holding in Mayo Collaborative...

Jury Finds For Google On Oracle Patent Claims In California Federal Court

SAN FRANCSICO - (Mealey's) After seven days of deliberation, a California federal jury yesterday acquitted Google Inc. of patent infringement claims levied by Oracle America Inc. ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.; See 5/21/12, Page 4). ( Verdict available. Document...

Patents Post-Grant: New House Bill Targets Software Patent Litigation

New Bill Seeks to Recover Costs of "Egregious Legal Disputes" Since the enactment of the America Invents Act (AIA) in September of 2011, the "patent reform" embodied by the AIA has been slowly rolling out. In fact, the bulk of the truly significant changes to patent law are still...

Troutman Sanders LLP: Federal Circuit Reverses Judge Hilton Claim Construction in Software Patent Suit

By Dabney Carr In a July 31 decision, the Federal Circuit reversed Judge Claude Hilton's claim construction in an Eastern District of Virginia patent infringement suit relating to software that enables one computer to access another computer over the Internet. 01 Communique Lab., Inc. v. LogMeIn...

Patents Post-Grant: USPTO to Require Means Plus Function Claims for Software Related Patents?

Functional Claim Drafting Practices Considered by USPTO Despite public misconceptions to the contrary, software is not patentable. Of course, aspects of software, or "software related" patents exist in which an otherwise statutory apparatus or product is claimed that includes computer implemented...

E-Commerce & Software Patent Trolls Targeted by Congress

Senate Proposes Expansion of USPTO's Business Method Patent Challenge Proceeding As I pointed out last week , Congress is considering fixes to the U.S patent system are designed to combat the patent troll problem. On May 7, S.866 or the "Patent Quality Improvement Act" was introduced...

Goodlatte Bill Stripped of Controversial Anti-Software Patent Provisions

Pro Software Lobby Drives Legislative Rewrite Last week, the proposed patent reform legislation (HR 3309) was seemingly stalled for the remainder of 2013 . This road block was primarily erected by the Business Software Alliance, and other pro software patent lobbyist that were taking issue with certain...

Supreme Court Hears Oral Arguments in Section 101 Patent Case

WASHINGTON, D.C. — (Mealey’s) Chief Justice John G. Roberts Jr. today voiced skepticism that a six-factored, non-exhaustive abstract idea test as advocated by the U.S. government would bring “clarity and certainty” to the already murky question of software patentability ( Alice...

The Crisis in Software Protection

Excerpt: Software-related developments are often appropriate subject matter for copyright and/or trade secret protection. But some inventors of such subject matter seek protection for functional aspects that will be disclosed to the public – a type of protection offered by neither of these corpuses...