Charles Bieneman
Principal author, The Software IP Report

Detroit Patent Office to Cover Software

Detroit is excited about the branch office of the United States Patent and Trademark Office opening downtown in July.  And with good reason.  Moreover, based on the USPTO’s recent job posting for people with computer backg… Read More

Case Note: Copyright First Sale Doctrine

A California court recently reaffirmed the principle that a restrictive software license is not a “sale” for purposes of the federal copyright laws, and that the license could not be used to assert a defense to copyrig… Read More

Introducing the Non-Lawyers' Pages

While this site presents issues mainly of interest to other lawyers, those issues are vitally important to the non-lawyers who work in the information technology industry.   Therefore, I am introducing The SWIP Report’s &#… Read More

Will the Supreme Court Revisit Software Patents?

Last fall, in Ultramercial, LLC v. Hulu, LLC [1], the Federal Circuit Court of Appeals surprised many people by upholding a patent claim, reproduced in footnote [2], directed to a “method for distribution of products over th… Read More

Software Patents, Copyrights, Morality, and Pragmatism

Regardless of your philosophical leanings on the issue of software patents, if you’re in the software business, you need to worry about them.  A lot of people, such as the inventor of modern e-mail, are opposed to software… Read More

More on Google and Privacy

Google’s new privacy policy and terms of use are, as I have commented, scary stuff.  Two authors at Slate magazine, coming at the issue from the “open technology” perspective, recently explained why they agree t… Read More

Internet Patent Claims Invalidated by Texas Jury

In a case that has been widely publicized, a Texas jury has invalidated claims of two patents that cover much of today’s World Wide Web.  I won’t duplicate the detailed treatment that others have already provided, but… Read More

Is Software Patentable? A Look at How the Patent Office Answers the Question

The landmark U.S. Supreme Court decision of Bilski v. Kappos, 130 S. Ct. 3218, 3225 (2010), failed to provide a clear test for patentable subject matter.  That was over a year-and-a-half ago.  Are there now, I wondered, any tren… Read More

Google's Dark Cloud

Even if your business does not use Google applications – even if you intend not to use Google applications – Google’s new privacy policy and terms of use could give Google scary rights to your content.  Any business with em… Read More

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm CST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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