Charles Bieneman
Principal author, The Software IP Report

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

Lessons of Yu v. Apple: The Law of § 101 Patent-Eligibility Is Chaos

Here is a case that both demonstrates the dysfunction of U.S. patent law with respect to eligible subject matter under  35 U.S.C. § 101, and offers lessons for practitioners wishing to buttress the patent-eligibility of their cl… Read More

Federal Circuit Lets Patent Office Use Prosecution Laches Against Prolific Filer Hyatt

The Federal Circuit recently ruled in favor of the Patent Office asserting the rarely used doctrine of prosecution laches against serial patent applicant Gil Hyatt. Hyatt had brought an action in district court to order the Patent… Read More