B2 Intellectual Property Report

The Software IP Report

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The Claims Interpreted Report

Section 101: USPTO Issues Preliminary Mayo Guidelines

In case you missed it, just a day after last month’s U.S. Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., a case with lessons for software patents, the U.S. Patent and Tradem… Read More

Software Patent Means Claims Held Indefinite

A software patent means-plus-function claim is indefinite where the specification fails to disclose an algorithm that performs the recited function.  The Federal Circuit has now held that where a means limitation is ass… Read More

DMCA Copyright Infringement Safe Harbors Addressed by 2nd Circuit

In a high-profile case, the Second Circuit has defined contours of the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c); those provisions relieve a service provider of liability for cer… Read More

Notice Pleading Contributory and Induced Patent Infringement

Bare bones allegations that a defendant knew of a patent, and intended others’ infringement, were not enough to sustain allegations that the defendant indirectly, i.e., contributorily and by inducement, infringed t… Read More

Sanctions Denied Where Patent Plaintiff's Theory of Infringement Was (Barely) Colorable

A plaintiff whose theory of patent infringement depended on reading the word “at” to mean “associated with” was not subject to sanctions for bringing suit, even though the court found “uncon… Read More

Registering Large Number of Domain Names Not by Itself Evidence of Bad Faith Cybersquatting

A trademark infringement defendant’s counterclaim under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), was dismissed where the sole basis for the counterclaim was the sheer number of d… Read More

Computerized Method of Managing Financial Instruments Not Patent Eligible

Yet another district court has invalidated patent claims under 35 U.S.C. § 101.  In Digitech Information Systems, Inc. v. BMW Financial Services NA, LLC, No. 6:10-cv-1373 (M.D. Fla. March 30, 3012), the court held that… Read More

Therapeutic Treatment Regimen Not Patent Eligible Despite Computer Implementation

In a decision that was probably made easy by the Supreme Court’s recent Prometheus decision, a D.C. district court has invalidated, as patent ineligible under 35 U.S.C. § 101, patent claims that recite using a com… Read More

Divided Infringement and Non-Infringement

A patent claim for configuring a “satellite” credit card of a main credit card was not infringed directly by any defendant, nor was the claim directly infringed by any third party, and therefore it could not… Read More

Notice Pleading Patent Infringement Requires Some Specificity

Even after bringing suit against 33 parties just before the America Invents Act’s prohibition on joining unrelated defendants took effect, the notice pleading requirements of the Federal Rules of Civil Procedure st… Read More

Upcoming Webinar

Christopher Francis and Charles Bieneman will conduct Part Two of a two-part webinar to discuss best practices for preparing, and then prosecuting, patent applications at the USPTO. The presentation will dive underneath the basic legal requirements…Register

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