B2 Intellectual Property Report

The Software IP Report

+

The Claims Interpreted Report

Second Circuit Holds Software Is Not A Good Under Criminal Statute

In the context of the National Stolen Property Act, 18 U.S.C. § 2314 (“NSPA”), the Second Circuit has held that software is not a good.  United States v. Aleynikov, No. 11-1126 (2nd Cir. April 11, 2012).  In the l… Read More

Misrepresentation in UDRP Proceeding Violates ACPA

Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings are easy to bring, and, some say, easy to abuse.  One recent case, if the plaintiff’s allegations are true, illustrates the latter point.  Misrepre… Read More

Independent Contractors Are Covered by the Attorney-Client Privilege

Use of independent contractors is common in the tech world, especially in software development.  Communications between a company’s attorneys and an independent contractor may be protected by the attorney-client p… Read More

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

Upcoming Webinar

Tom Bejin will provide a primer on patent damages.  Patent Damages is a complex issue involving much more than just lost profits and reasonable royalties.  The webinar will review basic principles and highlight latest trends.     Register

Subscribe