B2 Intellectual Property Report

The Software IP Report

+

The Claims Interpreted Report

Supreme Court to Federal Circuit: Reconsider the Patent-Eligibility of Ultramercial's Patent Claims

Last fall, in Ultramercial, LLC v. Hulu, LLC, the Federal Circuit Court of Appeals surprised many people by upholding patent claims directed to a “method for distribution of products over the Internet via a facilitator… Read More

Section 102 On-Sale Bar Invalidates Software Patent Claims

The Federal Circuit has upheld a jury verdict invalidating patent claims covering a software product that the plaintiff had demonstrated and sold prior to filing a patent application.  Leader Technologies, Inc. v. Faceb… Read More

Narrow views of "Authorization," "Loss," and "Damages" Under the CFAA

As previously reported, in setting standards for civil rights of action under the Computer Fraud and Abuse  Act (CFAA), 18 U.S.C. § 1030, courts have taken varying approaches.  However, a number of recent cases have e… Read More

Patent Infringement Pleading Standards: Recent Cases Yield More Confusion (and Perhaps a Little Clarity)

Three recent cases from various U.S. district courts illustrate the need for a higher court to clarify the pleading standard governing claims of patent infringement.  As previous posts to this blog have noted, trial cou… Read More

Past Licenses for Patents-NOT-in-Suit Relevant to a Reasonable Royalty

Could Sprint, having licensed its patents in settlement of litigation, be compelled, in defending subsequent, unrelated litigation, to produce documents related to these licenses?  In a word, yes.  A magistrate judge g… Read More

Check Fraud Prevention Patent Passes Bilski Test

Saying the issue was a “close call,” a Missouri court has ruled that method and apparatus claims directed to using encrypted codes to prevent check fraud are patent-eligible under 35 U.S.C. § 101.  Advanced Softwar… Read More

Date of Assignment Limits Standing for Patent Plaintiff

A defendant was entitled to summary judgment limiting the plaintiff to damages only for infringing acts that occurred after the date of the assignment.  CSB-System Int’l., Inc. v. SAP America, Inc., No. 10-2156 (E… Read More

Preliminary Injunction for Apple in Patent Fight Against Samsung?

In the ongoing smartphone/tablet patent litigation between Apple and Samsung, the Federal Circuit has agreed with Samsung on almost every dispositive issue related to Apple’s request for preliminary injunctive reli… Read More

Bad Faith Supports Preliminary Injunction Under the ACPA

A motion for a preliminary injunction was granted to prevent continued use of the plaintiff’s mark in the defendants’s domain name where the plaintiff was likely to succeed on the merits of its claim under th… Read More

Defining the Scope of a Perpetual Software License

A perpetual software license entitled a licensee only to use versions of the software created before the license agreement terminated, despite the existence of an escrow agreement requiring the deposit in escrow of “al… Read More