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Ex parte Smith (PTAB 2019)

Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter - In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its...more

Speedtrack Inc. v. Amazon.com, Inc. (N.D. Cal. 2017)

File-Searching Software Patent Found to be Patent Eligible - Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. ...more

Kayak Software Corp. v. International Business Machines Corp. (PTAB 2016) - PTAB Follows Strict Application of CBM Statute...

Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No....more

BMC Software, Inc. v. zIT Consulting GmbH (PTAB 2016) - CBM Patent Review Denied for Claims Lacking Financial Subject Matter

The PTAB denied institution of a covered business method (CBM) patent review in a case between BMC Software Inc. (Petitioner) v. zIT Consulting GmbH (Patent Owner). Petitioner, BMC Software, Inc., filed a Petition to...more

Mobile Telecommunications Technologies, LLC v. Blackberry Corp. (N.D. Tex. 2016)

Electronic Delivery of Messages Equated to U.S. Post Office Services - On May 12, the U.S. District Court for the Northern District of Texas issued an Order in a case captioned Mobile Telecommunications Technologies, LLC...more

In re Certain Activity Tracking Devices, Systems, and Components Thereof

Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable? On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two patents...more

Blue Calypso, LLC v. Groupon, Inc. (Fed. Cir. 2016)

On March 1, 2016, the Federal Circuit issued an opinion in a number of related appeals between Blue Calypso, LLC and Groupon, Inc. These related appeals arise from five Covered Business Method (CBM) reviews of five patents...more

Standard Essential Patents Unenforceable on Theory of Indirect Infringement

A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a common sense result: either the patents at issue...more

Software Patents Are Still Very Useful Despite Alice, But Are Business Method Patents?

Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more

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