B2 Intellectual Property Report

The Software IP Report


The Claims Interpreted Report

Financial Process Claims Held Not Patent Eligible

Patent claims directed to performing financial transactions and financial analysis have been invalidated by a D.C. District Court in two recent, and related, cases. Graff/Ross Holdings v. Fed. Home Loan Mortg. Corp., No.… Read More

Patent Applications and Stolen Trade Secrets

The court in VasoNova, Inc. v. Grunwald, No. C 12-02422 WHA (N.D. Cal. Sept. 18, 2012), addressed the classic scenario of a departing employee allegedly stealing trade secrets.  In a not wholly unusual twist, the depart… Read More

Copyright First Sale Doctrine and Burdens of Proof

Adobe, having been precluded from relying on license agreements that it failed to produce during discovery, has lost a summary judgment motion on its claim for copyright infringement against a defendant who asserted the… Read More

No Intent to Deceive, No Inequitable Conduct

The Federal Circuit has reversed a finding of inequitable conduct where “the record contains no evidence of a deliberate decision to withhold those references from the PTO as required under Therasense, Inc. v. Bect… Read More

E-Commerce Patent Claims Held Not Patent-Eligible

Patent claims directed to “automated testing and selection of prices for goods and services sold online” have been held invalid under 35 U.S.C. § 101 for failing to recite patent-eligible subject matter. … Read More

Software Means-Plus-Function Claims Held Indefinite

Software patent claims were held indefinite under 35 U.S.C. § 112 where the patent specification failed to provide any algorithm for performing the recited function.  Ibormeith IP, LLC v. Mercedes-Benz USA, LLC, No. 10… Read More

What is the Pleading Standard for Invalidity Counterclaims?

Bare-bones counterclaims alleging invalidity of patents-in-suit were held sufficient to survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and 8(a).  Helferich Patent Licensing, LLC v. J.C. Penney Corporation, I… Read More

Inducement Does Not Require a Single Direct Infringer, Federal Circuit Now Says

Many owners of Internet patents must be rejoicing.  The Federal Circuit, in a 6-5 en banc decision, has overruled its precedent holding “that in order for a party to be liable for induced infringement, some other… Read More

4th Circuit Adopts Narrow Construction of CFAA

Does an employee act “without authorization” or “exceed authorized access” under the Computer Fraud and Abuse Act, 18 USC § 1030, by accessing  computers with a username and password provided by an employer, al… Read More

Are Webpages “Published” Under U.S. Copyright Law?

Allegedly infringed webpages were held not to be “publications” under U.S. copyright law.  Rogers v. The Better Business Bureau of Metropolitan Houston, Inc., No. H-10-3741 (Aug. 15, 2012).  The plaintiff had descr… Read More