B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

A Standalone Reference Must “Enable” Claims to Render them Obvious

In Raytheon Tech. Corp. v. General Electric Co., the Federal Circuit recently overturned the USPTO Patent Trial and Appeal Board’s ruling that Raytheon’s claims to a gas turbine engine (in USPN 9,695,751) were unpa… Read More

SCOTUS Reverses Copyright Infringement Against Google, Copying API was Fair Use: Google LLC v. Oracle America, Inc.

In a long anticipated decision, the Supreme Court of the United States has held that Google’s copying of code of an Application Programming Interface (API) developed by Oracle is a fair use of that code. The Court held… Read More

Federal Circuit Holds Patent Claims to Software Functionality Indefinite: Rain Computing, Inc. v . Samsung Electronics Co., LTD

The Federal Circuit affirmed the invalidity based on indefiniteness under 35 USC § 112(b) of patent claims “directed to delivering software application packages to a client terminal in a network based on user demands.… Read More

Are E-commerce Sites Liable for Trademark Infringement? The Sixth Circuit Gives Guidance

Can an e-commerce facilitator be liable for trademark infringement when the products they sell are designed by a third-party?  The Sixth Circuit says it depends on the degree of control the e-commerce facilitator has ov… Read More

A Photobooth Can Screen for Skin Cancer, But Federal Circuit Says it is Unpatentable Under § 103

Can you succeed in an argument for obviousness by combining a skin cancer detection device with a device for creating made-to-measure clothing or custom avatar?  The Federal Circuit says yes. In a precedential opinion,… Read More