Tag Archive for Federal Circuit

ContentGuard: Defining A Patent Case

Yesterday, I went through the history of the ContentGuard v. Apple and ContentGuard v. Google cases.  I talked briefly about the Markman process; today, I’d like to go into more detail on what Markman is, how it works, how Markman affected the ContentGuard cases, and why it’s such an important issue in patent litigation in…

Previewing ContentGuard v. Apple and Google at the Federal Circuit

This Thursday, June 8, the Federal Circuit will hold oral argument in ContentGuard Holdings, Inc. v. Apple, Inc. and in ContentGuard Holdings, Inc. v Google, Inc.  (The Google case also includes a number of major Android phone manufacturers, such as Samsung, HTC, and Motorola.)  Both cases have roughly similar histories, and both appeals deal with…

Software Patents Will Survive: How Section 101 Law Is Settling Down

(This article first appeared at IPWatchdog.) Software patents have been controversial for decades. The discussion generally centers around whether software is patent-eligible subject matter. Since the Supreme Court’s decisions in Bilski v. Kappos, 130 S.Ct. 3218 (2010); Mayo Collaborative Servs. v. Prometheus Labs, 132 S.Ct. 1289 (2012); Ass’n for Molecular Pathology v. Myriad Genetics, Inc.,…

Tell Me Again Why We Have a Federal Circuit?

The Supreme Court just issued a decision in the Medtronic case, and it was a unanimous reversal of the Federal Circuit. Since the Supreme Court first reviewed a patent decision by the Federal Circuit in 1996 (the Federal Circuit was formed in 1982, but it was 14 years before the first review by the Supreme…

New Fed. Cir. Opinion Demonstrates That Patent Law Is Confusing

Part of the reason that patent trolls have so much success targeting small businesses is that patent law is arcane and filled with traps for the uninitiated. Obviously, patents themselves are hard to understand, but even the law itself can be confusing. Yesterday, the Federal Circuit issued an opinion in the Microsoft and Motorola investigation…

Roundup of This Week’s Patent News: June 28 Edition

Good morning! On Monday, Reuters reported that the International Trade Commission (ITC) is taking steps to rein in frivolous litigation from patent trolls, by requiring “companies to prove upfront that they have a significant presence in the United States.”  This is welcome news, as the ITC can get abused by patent trolls.  We will have…