Software Patents

Simio, LLC v. FlexSim Software Products, Inc.: Important Precedent for § 101 Patent-Eligibility of Software (or Lack Thereof)

The Federal Circuit ended 2020 with a precedential opinion holding that patent claims directed to providing a graphical user interface for controlling a software object’s behavior were patent-ineligible under the Alice/Mayo test… Read More

Online User Authentication Service Fails § 101 Patent-Eligibility Test

Claims of a patent directed to “an interaction between a user, an ASP [authentication service provider] client, and an ASP” were invalid under 35 U.S.C. § 101 and the Mayo/Alice patent-eligibility test, said a Northern Distri… Read More

Easy CAFC Patent-Eligibility Case: Digital Product Licensing

In a one-line order under its Rule 36, the Federal Circuit has affirmed a decision of Judge Schroeder in the Eastern District of Texas granted a Rule12(b)(6) motion to dismiss claims of patent infringement where claims were direct… Read More

Are the Fed. Circuit’s Rule 36 Judgments Always a Bad Thing?

The Federal Circuit has been widely criticized for the practice, under its Rule 36, of affirming lower court and USPTO PTAB decisions without any opinion.  This post highlights two recent Rule 36 affirmances of holdings of patent… Read More

With License Ambiguous, Patent Exhaustion Heads to Jury

In Audio MPEG, Inc. v. Dell Inc., the Eastern District of Virginia denied summary judgment of patent exhaustion because it was ambiguous whether a license between Audio MPEG and Dell’s supplier Microsoft covered the allegedly in… Read More