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Corporate Counsel › Patent Litigation › Software Patents

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

Fitch, Even, Tabin & Flannery LLP on

On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted...more

Holland & Knight LLP

Federal Circuit: Requesting, Transmitting, Receiving, Copying, Deleting, and Storing Data Records Is an Abstract Idea

Holland & Knight LLP on

A recent decision by the U.S. Court of Appeals for the Federal Circuit highlights the importance of describing any improvements to technology in the specification. In the case of Whitserve LLC v. Dropbox, Inc., WhitServe...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Improvements Inherent to Using a Computer, Such as Improved Speed and Efficiency, Do Not Transform an Abstract...

Akin Gump Strauss Hauer & Feld LLP on

In deciding patent eligibility of computer-implemented claims, courts consider whether the claims merely implement a generic computer or whether they improve the functioning of the computer itself. The Federal Circuit...more

Shook, Hardy & Bacon L.L.P.

Lessons And Challenges Arising Out Of The Federal Circuit’s New Focus On Factual Issues In “Patent Eligibility” Disputes

Shook, Hardy & Bacon L.L.P. on

With its Alice and Mayo opinions, the U.S. Supreme Court dramatically changed how patent eligibility under 35 U.S.C. § 101 is defined. ...more

K&L Gates LLP

Federal Circuit Continues to Clarify Subject Matter Eligibility for Software Patents

K&L Gates LLP on

Many software-related and business method-related patents have been invalidated for being directed to “abstract ideas.” On January 10, 2018, in Finjan, Inc., v. Blue Coat Systems, Inc., the Federal Circuit affirmed the...more

Burr & Forman

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

Burr & Forman on

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Fish & Richardson

Amdocs v. Openet: Federal Circuit Will Take Case-by-Case, Common-Law Approach to “Abstract Idea” Determinations Under Alice

Fish & Richardson on

The Federal Circuit in a 2-1 decision upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.” The decision, Amdocs (Israel) Ltd. v. Openet Telecom Inc. et...more

Troutman Pepper Locke

Federal Circuit Erases a Rare Patent Owner Victory and Tells PTAB: No Changing Horses (Claim Constructions) Midstream

Troutman Pepper Locke on

In a recent decision on an inter partes review (IPR) appeal, the Federal Circuit erased a rare victory for a patent owner and remanded the case back to the Patent Trial and Appeal Board (PTAB) for rehearing on the sole claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

"Software" Claims Reciting No Structural Components and Having Questionable Novelty Struck Down under 35 U.S.C. § 101

McDonnell Boehnen Hulbert & Berghoff LLP on

Two recent District Court decisions show examples of "weak" claims, which in the past would likely be found invalid as lacking novelty or being obvious, but today are struck down as being unpatentable under § 101. The cases...more

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