Charles Bieneman
Principal author, The Software IP Report

Internet Data Backup Not Patent-Eligible under § 101: WhitServe LLC v. DropBox, Inc.

Patent claims directed to backing up data to a client’s computers where the data has been outsourced for processing via the Internet failed the patent-eligibility test under the Alice/Mayo test and 35 U.S.C. § 101. WhitServe L… Read More

A Standalone Reference Must “Enable” Claims to Render them Obvious

In Raytheon Tech. Corp. v. General Electric Co., the Federal Circuit recently overturned the USPTO Patent Trial and Appeal Board’s ruling that Raytheon’s claims to a gas turbine engine (in USPN 9,695,751) were unpatentable a… Read More

SCOTUS Reverses Copyright Infringement Against Google, Copying API was Fair Use: Google LLC v. Oracle America, Inc.

In a long anticipated decision, the Supreme Court of the United States has held that Google’s copying of code of an Application Programming Interface (API) developed by Oracle is a fair use of that code. The Court held, 6-2, tha… Read More

Federal Circuit Holds Patent Claims to Software Functionality Indefinite: Rain Computing, Inc. v . Samsung Electronics Co., LTD

The Federal Circuit affirmed the invalidity based on indefiniteness under 35 USC § 112(b) of patent claims “directed to delivering software application packages to a client terminal in a network based on user demands.” Rain C… Read More

Are E-commerce Sites Liable for Trademark Infringement? The Sixth Circuit Gives Guidance

Can an e-commerce facilitator be liable for trademark infringement when the products they sell are designed by a third-party?  The Sixth Circuit says it depends on the degree of control the e-commerce facilitator has over manufac… Read More