B2 Intellectual Property Report

The Software IP Report


The Claims Interpreted Report

Settlement Agreement Does Not Prevent Suit Against Microsoft Customers

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… Read More

No Copyright Protection for Java APIs: A Win for Google

A significant statement of software copyright law has come in a very high-profile case: Java API packages were held not protectable under U.S. copyright law in Oracle America, Inc. v. Google, Inc., No. C 10-03561 WHA (N.… Read More

Copying the Look and Feel of Tetris Is Software Copyright Infringement

Xio Interactive did not dispute that it blatantly copied the look and feel of the Tetris video game, even if not its source code.  After Xio’s Mino game was posted on Apple’s iTunes store, Tetris Holding, LL… Read More

Third Party Protected From Producing Source Code in Patent Case

Can a third party be compelled to produce source code in a patent infringement lawsuit?  Not when its concerns about the security of its source code are well-founded, and when the deposition of a knowledgeable engineer… Read More

Expert Failing to Explain Source Code Analysis Is Precluded From Testifying

In a decision that will strike a chill into accused patent infringers everywhere, a defense expert has been precluded from testifying at trial about his analysis of source code that was purportedly central to the defenda… Read More

§ 102(b) On-Sale Bar Combined with § 103 Prior Art Invalidates Software Patent Claims as Obvious

Software claims directed to a client-server system were held invalid as obvious under 35 U.S.C. § 103(a) based on the combination of a reference that qualified as prior art by having been on sale under 35 U.S.C. § 102(… Read More

No Software Copyright Infringement Without Allegedly Copied Work

A California court has dismissed a plaintiff’s claim for copyright infringement because the plaintiff failed to allege that the defendant had actually copied the allegedly infringed software.  Operational Risk Man… Read More

A Lesson in Compliance With DMCA Takedown Notice Requirements

A defendant, seeking dismissal of the plaintiff’s complaint, was unable to rely on the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), on the ground that the plaintiff ha… Read More

E.D. Va. Asserts Personal Jurisdiction Over Foreign Web Site Providers

Courts sometimes assert personal jurisdiction over foreign defendants who did not specifically target the jurisdiction when establishing a website accessible from within it, and who may have conducted only a relatively m… Read More

Supreme Court to Federal Circuit: Reconsider the Patent-Eligibility of Ultramercial's Patent Claims

Last fall, in Ultramercial, LLC v. Hulu, LLC, the Federal Circuit Court of Appeals surprised many people by upholding patent claims directed to a “method for distribution of products over the Internet via a facilitator… Read More

Upcoming Webinar

The patent system is designed to protect one invention per patent. In prosection, the Patent Office may enforce this rule by restricting the claims that will be examined. During the August webinar, Mark St. Amour of Bejin Bieneman will discuss the in…Register