Charles Bieneman
Principal author, The Software IP Report

MOU Overcomes Divided Patent Infringement

How do you find a direct infringer when no one party performs all steps of a method? In Travel Sentry, Inc. v. David A. Tropp, No. 2017-1025 (Fed. Cir. Dec. 19, 2017)(precedential) (Lourie, O’Malley, and Taranto presiding), the… Read More

Lack of Inventive Support leads to Patent Ineligibility

E. District Court of Virginia grants summary judgment to Defendant Amazon finding claims of USRE46140 (reissue of U.S. Pat. No. 6,618,705) ineligible under 35 U.S.C. § 101 based on a lack of support in the specification for how t… Read More

No Estoppel for Art in Contentions but Not IPR Petition

Earlier this month in Koninklijke Philips N.V. v. Wangs Alliance Corp., Civil Action No. 14-12298-DJC (D. Mass. Jan. 2, 2018), the District of Massachusetts added another case to the majority view of the scope of inter partes revi… Read More

Take Care with Patent Assignment Language

Written agreements discussing an employee’s obligation to patent assignment rights were insufficient to actually assign ownership in U.S .Patent No. 5,781,788, a divided Federal Circuit panel has held. Advanced Video Technologie… Read More

Patent Eligibility and Obviousness in a Covered Business Method Patent Review

The limits of patent eligibility continue to be a major hurtle for patent owners whose patents are subject to Covered Business Method Patent Review (CBM) at the USPTO’s Patent Trial and Appeal Board (PTAB). In IBG LLC v. Trading… Read More

Broad Software Patent Claims Survive Alice, Federal Circuit

Broad patent claims directed to computer virus screening have survived an Alice/35 U.S.C. § 101  patent-eligibility challenge at the Federal Circuit. Finjan, Inc., v. Blue Coat Systems Inc., No. 2016-2520 (January 10, 2018) (pre… Read More

Broad Claim Term Dooms Patent at PTAB

Last month, the Patent Trial and Appeal Board issued a final written decision in Bright House Networks v. Focal IP (IPR2016-01263), finding the telecommunications patent in question obvious based on a broad claim construction of … Read More

Is a fail on §101 always “exceptional” under §285?

The answer to the question posed by the title is no, the Federal Circuit’s recent decision in Inventor Holdings, LLC v. Bed Bath & Beyond Inc., No. 2016-2442 (Fed. Cir. Dec. 8 2017) notwithstanding (reported on by this blog… Read More

Guidance from Patent Claims Surviving Alice

A Delaware magistrate judge has provided some insights for patent drafters who contemplate scrutiny under the Alice abstract idea test. In M2M Solutions, LLC v. Amzon.com., Inc., Civil Action No. 17-202-LPS-CJB (D. Del. Dec. 11, 2… Read More

Software License Verification Patent-Ineligible under Alice

Implementing a process in a highly technical environment will not necessarily save patent claims challenged under the Alice abstract idea test, as illustrated in Ancora Technologies, Inc. v. HTC America, Inc., No. C16-1919 RAJ (W.… Read More

Upcoming Webinar

Bejin Bieneman is pleased to welcome former Chief Judge of the Federal Circuit Randall Rader, who will deliver a talk focused on information and strategy a company needs to consider in pre-suit negotiations for patent licenses. The goal of the webina…Register

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