Charles Bieneman
Principal author, The Software IP Report

Patent Office Introduces Deferred Responses for Subject Matter Eligibility Rejections

The Patent Office recently introduced a new pilot program called the Deferred Subject Matter Eligibility Response pilot program going into effect on February 1. As detailed in a Federal Register notice, the program permits applica… Read More

Federal Circuit Affirms Summary Judgement Relating to Self-Optimizing Network Technology and Network-Based Navigation: Traxcell Techs., LLC v. Sprint Communs. Co. LP

In Traxcell Techs., LLC v. Sprint Communs. Co. LP, Nos. 2020-1852, 2020-1854 (Fed. Cir. Oct. 12, 2021), the Federal Circuit affirmed a district court that granted summary judgement in favor Defendants, Sprint and Verizon, in a sui… Read More

How Do You Draft a Consent Decree for Trademark Infringement to Account for Unknown Unknowns? The Sixth Circuit Says “The Usual Way” in Recent Ruling

In 1995, Amazon recently sold its first book and eBay was just getting off the ground.  At that point, the idea of e-commerce marketplaces was in its infancy.  It was unlikely that Jeff Bezos contemplated that I might be buying… Read More

How Important is Compliance with the Marking Statute? The Federal Circuit Continues to Say It Is Pretty Important.

When an accused infringer admits to knowledge of potential infringement, but the commercial embodiment of the patent fails to comply with the marking statute, 35 U.S.C. § 287, what date should be used for calculating damages?  T… Read More

Data Processing Claims Held Patent-Ineligible: Personal Web Technologies LLC v. Google LLC

In a precedential decision, the Federal Circuit has held patent-ineligible, under 35 U.S.C. § 101 and the Alice/Mayo test, claims of three patents directed to “data-processing systems that assign each data item a substantially… Read More