Tag Archive for patentable subject matter

Innovation Is Alive And Well—Patenting Activity

After examining the evidence for U.S. innovation as shown by startups and venture capital, and by R&D spending, I want to look at patenting activity—new patent applications and new patent grants.  Particularly given accusations that the U.S. patent system has fallen behind other systems worldwide—accusations based on extremely questionable analysis—it’s worth looking at what patent…

The Alice Drizzle—Barely Even Noticeable

At the end of the year, I took a look at whether Alice really had a significant impact on patents as a whole.  The answer was that Alice simply doesn’t affect that many patent applications.  But several important questions were left unanswered.  I also wanted to know whether the affected applications are really being affected…

The “Alice Storm” Is More Of A Drizzle

You might be familiar with Bob Sachs’ term “Alice Storm.” Sachs and his co-authors over at Bilski Blog argue that “Alice Corp. v. CLS Bank has had a dramatic impact on the allowability of computer implemented inventions.” I disagree, and some newly released data from the Patent Office seems to back me up.  Alice has…

It’s The Claim Language—Except When It Isn’t

Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory1 cache patents are patent-eligible under § 101. Unfortunately, in doing so the Federal Circuit makes the same mistake they’ve made a few times now—they’ve looked at the specification, not the claims, in order to justify finding…

CustomPlay, Annotated

Near the end of July, CustomPlay sued Apple and Amazon.  CustomPlay is owned by Max Abecassis, who also owns Nissim Corp.  (Nissim has a long history of involvement with the DVD standard and nearly as long of a history of forcing companies to license its DVD patents; this is hardly Abecassis’ first go at patent…

The PTO’s § 101 Summary Report

One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank – a decision that articulated a distinction between patent-eligible inventions, and patent-ineligible abstract ideas.  The Alice decision has enabled many companies, including small businesses, to defend themselves from baseless patent infringement lawsuits based on…

Should Abstract Ideas Be Unpatentable?  The Answer Is A Snap

Tuesday, Kaldren LLC sued Snap.  (According to RPX, Kaldren is affiliated with IP Edge, a notorious patent troll.)  Kaldren sued over a set of expired patents on such wonderful ideas as: Printing out a machine readable symbol; Reading a machine readable symbol; Using an address in a machine readable symbol to retrieve information from that…

ContentGuard: Validity and Privilege

Monday I summarized the history of the ContentGuard cases, and yesterday I described the process of claim interpretation.  Today, we’ll turn to an issue that we’ve focused on recently, patent validity.  ContentGuard convinced the jury that the ContentGuard patents were valid—can they convince the Federal Circuit? Abstract Ideas We’ve written a lot about patents on…

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…