B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Federal Circuit Lets Patent Office Use Prosecution Laches Against Prolific Filer Hyatt

The Federal Circuit recently ruled in favor of the Patent Office asserting the rarely used doctrine of prosecution laches against serial patent applicant Gil Hyatt. Hyatt had brought an action in district court to order… Read More

Prosecution Disclaimer Pitfalls

In Speedtrack, Inc. v. Amazon.com, Inc. (June 3, 2021), the Federal Circuit affirmed not only the district court’s findings relating to patent infringement, but also the importance of prosecution history when interpre… Read More

Internet Data Backup Not Patent-Eligible under § 101: WhitServe LLC v. DropBox, Inc.

Patent claims directed to backing up data to a client’s computers where the data has been outsourced for processing via the Internet failed the patent-eligibility test under the Alice/Mayo test and 35 U.S.C. § 101. W… Read More

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