Charles Bieneman
Principal author, The Software IP Report

Preliminary Injunction for Apple in Patent Fight Against Samsung?

In the ongoing smartphone/tablet patent litigation between Apple and Samsung, the Federal Circuit has agreed with Samsung on almost every dispositive issue related to Apple’s request for preliminary injunctive relief, but &#… Read More

Bad Faith Supports Preliminary Injunction Under the ACPA

A motion for a preliminary injunction was granted to prevent continued use of the plaintiff’s mark in the defendants’s domain name where the plaintiff was likely to succeed on the merits of its claim under the Anticybe… Read More

Defining the Scope of a Perpetual Software License

A perpetual software license entitled a licensee only to use versions of the software created before the license agreement terminated, despite the existence of an escrow agreement requiring the deposit in escrow of “all updates… Read More

Patent Infringement Notice Pleading Standard Not Met

If every court adopted a bar for bringing a software or Internet patent infringement action that was as high as the standard followed by the court in Pagemelding, Inc. v. ESPN, Inc., No. C-11-06263 (N.D. Cal. April 30, 2012), pate… Read More

Notes on the New Detroit Patent Office

This article was originally published in the May 7, 2012, issue of the Michigan Lawyers Weekly.  Here is a link to my previous comment on the Detroit Patent Office. In July, the United States Patent and Trademark Office will op… Read More

No Venue Transfer from E.D. Texas: Federal Circuit Denies Mandamus Petition

The Federal Circuit has upheld a trial court’s decision to deny’s motion to transfer venue from the Eastern District of Texas in a patent infringement case.  In re, Inc., Misc. No. 115, (May 1, 2… Read More

E.D. Texas Applied Wrong Standard for Joinder of Patent Defendants: Fed. Circuit

Eight of eighteen defendants named in a complaint for patent infringement sought a writ of mandamus directing the Eastern District of Texas to sever and transfer claims against the respective defendants to various district courts.… Read More

Copyright Does Not Protect Computer Programming Languages in Europe

In the much-watched case of SAS Institute Inc. v. World Programming Ltd., the European Court of Justice has ruled that European copyright protection does not extend to computer programs.  World Programming copied SAS’ progr… Read More

A Problem With a Hybrid Contract for Software and Services

Is it a good idea for vendors and customers to enter into a global agreement covering the provision of software, hardware, and software development services?  Perhaps not, if one considers the recent decision of the Appellate Cou… Read More

When Can a Patent Owner Sue for a Declaratory Judgment?

Does jurisdiction exist over a declaratory judgment action (i.e., is there a case or controversy) where the plaintiff alleges that a party’s possible future use of software would infringe patent claims?  The court in Auburn… Read More

Upcoming Webinar

The patent system is designed to protect one invention per patent. In prosection, the Patent Office may enforce this rule by restricting the claims that will be examined. During the August webinar, Mark St. Amour of Bejin Bieneman will discuss the in…Register