B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Conflicting Interpretations Invalidate Patent for Indefiniteness: Infinity Computer Prods., Inc. v. Oki Data Americas, Inc.

What is a computer, when recited in a patent claim? The Federal Circuit recently discussed whether a recitation of a “computer” in a claim was indefinite under 35 U.S.C. § 112 in light of conflicting interpretations… Read More

Automated Crop Growing and Monitoring Patents Pass Alice Test: Vineyard Investigations v. E. & J. Gallo Winery

In denying a motion to dismiss for lack of patent-eligible subject matter under 35 U.S.C. § 101, a court determined that U.S. Patents 8,528,834 and 6,947,810, relating to using sensors and data for growing and automated… Read More

Attacking Individual References of an Obviousness Combination

In re: CSP Technologies (Fed. Cir., Jan. 21, 2021) is a nonprecedential opinion that nevertheless provides us with a good excuse to discuss In Re Keller, 642 F.2d 413 ( CCPA 1981) which is cited from time-to-time by Exam… Read More

References Still “Printed Publications” and Publicly Accessible under § 102 on a Poorly Designed Website

In a precedential opinion, the Federal Circuit upheld the decision of the USPTO’s Patent Trial and Appeal Board (PTAB) that documents presented at an industry task force meeting and later made available on the task for… Read More

Patent Office Responds to Senators’ Questions About Representation of Women in the Patent Bar

The Patent Office recently sent a reply to a group of senators asking about the gender diversity of the patent bar, the patent agents and patent attorneys licensed to practice before the Patent Office. The Patent Office… Read More