B2 Intellectual Property Report

The Software IP Report


The Claims Interpreted Report

Notes on the New Detroit Patent Office

This article was originally published in the May 7, 2012, issue of the Michigan Lawyers Weekly.  Here is a link to my previous comment on the Detroit Patent Office. In July, the United States Patent and Trademark Offi… Read More

No Venue Transfer from E.D. Texas: Federal Circuit Denies Mandamus Petition

The Federal Circuit has upheld a trial court’s decision to deny Amazon.com’s motion to transfer venue from the Eastern District of Texas in a patent infringement case.  In re Amazon.com, Inc., Misc. No. 115,… Read More

E.D. Texas Applied Wrong Standard for Joinder of Patent Defendants: Fed. Circuit

Eight of eighteen defendants named in a complaint for patent infringement sought a writ of mandamus directing the Eastern District of Texas to sever and transfer claims against the respective defendants to various distri… Read More

Copyright Does Not Protect Computer Programming Languages in Europe

In the much-watched case of SAS Institute Inc. v. World Programming Ltd., the European Court of Justice has ruled that European copyright protection does not extend to computer programs.  World Programming copied SAS… Read More

A Problem With a Hybrid Contract for Software and Services

Is it a good idea for vendors and customers to enter into a global agreement covering the provision of software, hardware, and software development services?  Perhaps not, if one considers the recent decision of the App… Read More

When Can a Patent Owner Sue for a Declaratory Judgment?

Does jurisdiction exist over a declaratory judgment action (i.e., is there a case or controversy) where the plaintiff alleges that a party’s possible future use of software would infringe patent claims?  The court… Read More

Incorporation by Reference in a Clickwrap Agreement

How explicit does a click-wrap agreement have to be concerning updates and revisions that may later be incorporated into the agreement?  In Noll. v. eBay, Inc., No. 5:11-CV-04585 (N.D. Cal., April 23, 2012), the court d… Read More

Inequitable Conduct After Therasense: Definitely Harder to Prove

Specific intent to deceive the USPTO did not exist where an inventor removed mention of a reference from his patent application, and then testified that the “reference was cumulative or merely provided background i… Read More

Answering an In Rem Action Against a Domain Name under the ACPA

The Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) allows a trademark owner to “file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain n… Read More

A Narrow View of "Loss" under the CFAA

A recent case takes a narrow view of the “loss” that will sustain a civil action under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, a criminal statute that includes a right of civil suit favored by ma… Read More

Upcoming Webinar

The patent system is designed to protect one invention per patent. In prosection, the Patent Office may enforce this rule by restricting the claims that will be examined. During the August webinar, Mark St. Amour of Bejin Bieneman will discuss the in…Register