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New Guidelines for Software Patents

Effective January 7, 2019 U.S. patent examiners will have a new set of guidelines at their disposal to evaluate software patent applications.  The guidelines have codified recent case law to provide more consistency in Patent Office actions dealing with software. The new guidelines emphasize that when evaluating a software patent application an examiner must apply […]

Protecting Software Using Patent And Trade Secret Law

Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another.  This is because patents are made public while trade secrets must be kept confidential.  However, there is a way to utilize the best of what both have to offer.

… And Here Comes “Alice”!

Don’t look now, but it appears the post-Alice USPTO guidance regarding patent eligibility has kicked in. The following is a form paragraph recently used by an Examiner at the USPTO in a rejection of certain process claims:

SCOTUS on “Alice”: It’s The Application, Stupid!

Old habits die hard.  But the U.S. Supreme Court patiently keeps trying to euthanize the habit of too many patent professionals to reflexively (but not necessarily purposefully) tie patent claims to some computer.  Any computer!  The latest attempt to break this habit comes in the context of the Alice Corp. Pty. Ltd. v. CLS Bank Intl. […]

Case Brief: CLS Bank v. Alice (A Judicial “Sigh”)

Here’s one you don’t see every day:  Additional Reflections filed by Chief Judge Rader in response to the confusion that is CLS Bank v. Alice Corp.  Yet somehow, after the flurry of concurrences, dissents, concurrences-in-part, and dissents-in-part filed in response to the court’s per curiam opinion, a little introspection (and, perhaps, self-flagellation) seems appropriate.  To summarize …

A Fitting End(?) to Apple v. Samsung

By: Dan Pierron Nearly a year ago, the verdict in the patent infringement suit Apple v. Samsung came in, awarding Apple $1 billion in damages.  Samsung has finally paid up, in comical fashion.  I’m pretty sure everyone has thought of repaying an unpalatable debt in this fashion, but Samsung’s chutzpah in doing it is, if a […]

Case Brief: CLS Bank v. Alice (Round 5)

In a dissent from the court opinion filed in CLS Bank v. Alice Corp, Federal Circuit Judges Linn and O’Malley unceremoniously burst the bubble of several Amici who urged the court to use this case to undermine software patents. In the process, the authors school their colleagues on the dangers of two judicial sirens:  extra-record fact finding and legislating from the bench.  

Case Brief: CLS Bank v. Alice (Round 4)

Another day, another case brief of an opinion filed in CLS Bank v. Alice Corp.  Today’s fare is the concurrence-in-part and dissent-in-part authored by Federal Circuit Judge Newman, who takes the “Memory Lane” award for citing precedent from 1958, … and 1939, … and 1813.  Did you know that “patent” is derived from the latin […]

Case Brief: CLS Bank v. Alice … Round 3

My case briefs of the various opinions filed in CLS Bank v. Alice Corp continue today with the dissent-in-part authored by Federal Circuit Judge Moore. The opinion includes a forceful defense of the patent eligibility of software, and reads like the judicial equivalent of taking to a microphone in response to the anti-software-patent zealots and saying, “Hello, is this thing on?” […]

Case Brief: CLS Bank v. Alice … Round 2

In my last post, I offered a case brief of the concurring opinion filed by Federal Circuit Judge Lourie in CLS Bank v. Alice Corp.  Below, I try my hand at briefing the concurring-in-part and dissenting-in-part opinion filed by Chief Judge Rader, which recommends a particular practical application inquiry centered on a meaningful limitations test.  […]

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