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(Podcast) The Briefing: 2025 IP Resolutions Start With a Review of IP Assets
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Wolf Greenfield Attorneys Review 2024 and Look Ahead to 2025
(Podcast) The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season
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A Conversation with Phil Hamzik
5 Key Takeaways | Alice at 10: A Section 101 Update
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
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
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
In 2014, the United States Supreme Court handed down its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. 208, which significantly altered the patentability of software, business methods,...more
In Data Engine Technologies LLC v. Google LLC, holding patent-eligible a spreadsheet provided with tabs to facilitate navigation, the Federal Circuit continued, in late 2018, to refine the law of patent eligibility of...more
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
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
On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to...more
In the recent decision Trading Technologies International, Inc., v. CQG, Inc. et al., the Federal Circuit affirmed a district court's ruling that a software patent on a graphical user interface was patentable subject matter,...more
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
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
Less than a month after reversing the lower court’s determination of invalidity in McRO, Inc. v. Bandai Namco Games America, Inc., the Federal Circuit has now upheld the invalidity of claims in FairWarning IP, LLC v. Iatric...more
AliceStorm at the USPTO - While AliceStorm's effect is most visible in the courts, because of their public nature, the real impact is largely unseen: it is the widespread rejection of patent applications by the USPTO. ...more
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
In just its second opinion upholding claims under Alice v. CLS Bank, the Federal Circuit has interpreted Alice in a manner that could save a “substantial class” of inventions from the strikingly-high invalidity rate under the...more
In Enfish, LLC v. Microsoft Corp., the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without...more
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