This blog has previously covered the division of authority concerning how to interpret “without authorization” and “exceed authorized access” under the Computer Fraud and Abuse Act, 18 USC § 1030. Does the CFAA merely p…
Read More
The Federal Circuit has held that functional language in a software claim should be given patentable weight. In re Jasinski, No. 2012-1482 (Feb. 15, 2013). Accordingly, the Court reversed the U.S. Patent and Trademark OfficeR…
Read More
Do the estoppel provisions of the inter partes re-examination statute preclude a third party from relying on prior art in litigation where, after the third party has included the prior art in its request for inter partes re-examin…
Read More
The America Invents Act, as every patent lawyer knows, makes significant changes to the practice of patent law in the United States. Especially if you are not a patent lawyer, you may find helpful my recent article, “Som…
Read More
Allegations that the popular Slingbox device directly infringes two patents satisfied Form 18 of the Federal Rules of Civil Procedure, and thus survived a motion to dismiss. Joao Control and Monitoring Systems of California LLC…
Read More
There is a reason why parties negotiating settlement agreements in patent cases often devote considerable time and energy to negotiating language covering use of patented technology by the licensee’s customers and downstream…
Read More
Saying the issue was a “close call,” a Missouri court has ruled that method and apparatus claims directed to using encrypted codes to prevent check fraud are patent-eligible under 35 U.S.C. § 101. Advanced Software Design C…
Read More
This article was originally published in the May 7, 2012, issue of the Michigan Lawyers Weekly. Here is a link to my previous comment on the Detroit Patent Office.
In July, the United States Patent and Trademark Office will op…
Read More
This item is mainly for non-lawyers. The worst thing in the world is to have difficulty obtaining an assignment of source code ownership from a software developer, or for the developer to depart with valuable trade secrets. Wo…
Read More
A Northern District of California court has rejected an argument that “a method of executing an instruction” was not patent eligible subject matter. Nazomi Communications, Inc. v. Samsung Telecommunications, Inc., No…
Read More
