Charles Bieneman
Principal author, The Software IP Report

Claims Upheld Under Bilski in the E.D. Texas

A recent Eastern District of Texas decision found patentable subject matter in claims directed to determining Current Procedural Technology (“CPT”) codes based on information gathered during a physician-patient encount… Read More

Service by E-mail

Internet scofflaws often operate anonymously or under pseudonyms, and frequently provide false addresses, making them difficult to locate and serve.  This has led some courts to allow service via e-mail, a helpful tool to remembe… Read More

Must an Offer to License Be Reasonable and Non-Discriminatory?

What does a patent owner have to do to meet a requirement of a standards setting organization (SSO) that license terms be reasonable and non-discriminatory (RAND)?  Does the patent owner simply need to be willing to license on RA… Read More

Clickwrap Agreement Is Binding (But Arbitration Provision Is Not)

A “clickwrap” agreement can form a binding contract even when all agreement terms are not included in the document to which the user assents, and the user must access other documents to be informed of the entire contract. Gros… Read More

When to Apply Section 101? Federal Circuit Divided

Should a court should evaluate patent claims for statutory subject matter under 35 U.S.C. § 101 before or after considering validity based on prior art?  In MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. March 2, 2012)… Read More

Computer Fraud and Abuse Act: Unauthorized Access

Under what circumstances can an employee, having accessed a computer via means provided by an employer, be civilly liable to the employer under the Computer Fraud and Abuse Act for “unauthorized access” of the computer?  Cour… Read More

Case Note: Reverse Engineering and Trade Secret Misappropriation

Reverse engineering of a proprietary computer program is not necessarily, and in this case was not, a misappropriation of trade secrets.  Aqua Connect, Inc. v. Code Rebel LLC, 2012 U.S. Dist. LEXIS 17962, No. CV 11-5764-RSWL (C.D… Read More

Patentable Subject Matter: New Federal Circuit Case

Yet another post-Bilski pronouncement: the Federal Circuit has held that patent claims directed to “an investment tool designed to enable property owners to buy and sell properties without incurring tax liability” do not recit… Read More

Computer Fraud and Abuse Act: Civil Rights of Action Have an Uncertain Bar

Federal district courts have been split, and the courts of appeals thus far silent, on what allegation of “loss” a plaintiff must make to state a case under the Computer Fraud and Abuse Act.  18 U.S.C. § 1030.  The… Read More

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

Upcoming Webinar

The February webinar is being presented by Bryan Hart, Associate at Bejin Bieneman, who will discuss recent developments related to design patents. In particular, Mr. Hart will discuss the Federal Circuit’s decision in In re Maatita in August and…Register

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