B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Improper Broadest Reasonable Interpretation Led to Finding of Nonobviousness

In Owens Corning v. Fast Felt Corporation (decided October 11, 2017), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board’s finding that obviousness was not proven in an inter pa… Read More

Technical Environment Requires Detailed Tailoring

How much detail does patent claim language require to describe a technical solution to a technical problem to meet the patent-eligibility requirements of the Alice/Mayo test and 35 U.S.C. § 101? At the very least, enoug… Read More

Telephone Call Processing Claims Patent-Ineligible

Various claims of two patents covering telephone call processing were found to be directed to respective patent-ineligible abstract ideas: “sequentially dialing a list of telephone numbers to overcome a busy signal,”… Read More

Pleading Joint Patent Infringement

Pleading joint patent infringement of a method claim requires alleging that one defendant controlled the action of a third party or that two parties were engaged in a joint venture. In Sonrai System, LLC v. AMCS Group In… Read More

Inter Partes Review Estoppel Extends to Non-Petitioned Grounds

Hewlett Packard Enterprises (“HP”), accused of infringing U.S. Patent No. 6,218,930 owned by Network-1 Technologies, Inc. (“Network-1”), was recently estopped from relying on certain references and combinations t… Read More

Preview-Based File Sharing Claims Invalid Under 35 U.S.C. §101

In TS Patents LLC v. Yahoo! Inc., No. 17-cv-01721-lhk, (CAND Sept. 1, 2017) the Court applied the two-step Alice analysis and granted Yahoo’s motion to dismiss an infringement suit from TS Patents, finding claims from… Read More

PTAB Invalidates Construction "Price Schedule" Patents

Autodesk, Inc. petitioned for covered business method review of two “Automated pricing system” patents of Uniloc USA, Inc. and Uniloc Luxembourg, S.A. CBM 2016-00042 re USPN 7783523; CBM 2016-00043 re USPN 85… Read More

Motivation to Combine References Need Not be Explicit

How much motivation do you need to combine references to make something obvious? According to the Federal Circuit, enough to reasonably discern a proper path to combine the references. In Cablz, Inc. v. Chums, Inc., No.… Read More

Patent-Eligibility Rejections of Transaction Verification Claims Reversed

After finding that representative patent claims were “directed to the abstract idea of generating a verification value in response to a transaction,” the Patent Trial and Appeal Board went on to reverse the patent ex… Read More

Patent Prior Art and the Necessity Requirement for Inherency

A patent claim limitation can only be inherently disclosed by patent prior art when such limitation is necessarily a component of a disclosed subject matter. In Southwire Co. v. Cerro Wire LLC, No. 2016-2287 (Fed. Cir. S… Read More

Upcoming Webinar

In the webinar, Bryan Hart will discuss the upcoming Supreme Court case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, which threatens to end the inter partes review procedure for examining and invalidating issued patents. Bryan wi…Register

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