B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Attorney Fees Awarded for Post-Alice Patent Litigation

The Federal Circuit has affirmed an award of attorney fees under 35 USC § 285 against a patent owner that pursued its case alleging infringement of a business method patent after the US Supreme Court decided Alice Corp.… Read More

Patent Claims to Selecting Ads for Display Denied Covered Business Method Review

The USPTO’s Patent and Trial Appeal Board has declined to institute a Covered Business Method review of two patents with claims to “directing electronic advertisements” based on user profile attributes with the goa… Read More

Display of Distributed Network Applications Patent-Eligible

Patent claims directed to “presenting interactive applications,” such as advertising, “on a computer network” with multiple “user reception systems” are patent-eligible under 35 U.S.C. § 101 says Delaware’… Read More

Functional Language Found Definite by CAFC

In BASF Corporation v. Johnson Matthey (decided Nov. 20, 2017), the Court of Appeals for the Federal Circuit held that a “composition…effective to catalyze” is definite under the standard set forth in Nautilus v. B… Read More

Written Description Inapplicable to Doctrine of Equivalents

The written description requirement does not extend to equivalents asserted under the doctrine of equivalents, according to a recent order in the District of Delaware. The district judge in Sprint v. Cox resolved duelin… Read More

PTO Codifies Patent Agent Privilege at the PTAB

The U.S. Patent and Trademark Office has extended patent agent privilege to Patent Trial and Appeal Board (PTAB) proceedings. The PTO has thus resolved an ambiguity resulting from the Federal Circuit’s decision in In r… Read More

Absolute or Equitable Intervening Rights: It Matters

A Delaware District Court grants-in-part and denies-in-part patentee’s motion for summary judgment regarding accused infringer’s defense of intervening rights.  Sonos, Inc. v. D&M Holdings, Inc., No. 14-1330-WCB… Read More

Oral Arguments in Oil States Energy Services v. Greene’s Energy Group: IPRs Look Safe

Yesterday, the Supreme Court heard oral arguments in Oil States Energy Services v. Greene’s Energy Group. The case centers on whether inter partes reviews are constitutional, and the Justices didn’t seem inclined to… Read More

Federal Circuit: No “Teaching Away” Without Discouragement

The University of Maryland Biotechnology Institute (“Maryland”), owner of U.S. Patent No. 6,673,532 B2 (“the ‘532 patent”), recently lost the ‘532 patent when the United States Court of Appeals for the Fe… Read More

Mobile Device Data Entry Patent Claims Survive Alice Motion

Patent claims directed to narrowing a search list presented to a user entering data in a mobile device have survived a Rule 12(b)(6) patent-eligibility challenge under 35 USC § 101 and the Mayo/Alice abstract idea test.… Read More

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm CST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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