Tag Archive for software patent

Don’t Buy Into Qualcomm’s Attempts To Distract From Its Anti-Competitive Behavior

There’s been a lot of discussion about Qualcomm’s recent Chinese injunction against Apple.  But that’s a distraction—the real story is, and remains, the trio of lawsuits against Qualcomm for anti-competitive practices that will be conducted over the first half of 2019.  First, in January, the Federal Trade Commission’s lawsuit. Next, in April, Apple’s lawsuit. And…

Getting The Future Backwards: Iancu’s Comments On § 101 At IPO

This morning, Patent and Trademark Office (PTO) Director Iancu gave remarks at the Intellectual Property Owners Association (IPO) Annual Meeting.  Perhaps unsurprisingly, given IPO’s efforts to legislatively overturn the Supreme Court’s recent cases reinforcing the bar on patents on products of nature and abstract ideas, Director Iancu’s remarks focused on patentable subject matter—§ 101. While…

NPE Resurrects Canceled Patent To Go After Restaurants

A few years ago, a company called MacroSolve stopped creating products and started creating patent litigation.  Its tool was a patent that claimed to cover mobile questionnaires.  But after several of their targets decided to fight back, filing an ex parte reexamination request that wound up cancelling all of the claims of its patent, MacroSolve…

More Evidence Is In—Alice Has Been Good For R&D

Tuesday marked one milestone—utility patent number 10,000,000.  But it also marked a far more important milestone—the 4-year anniversary of the Alice decision.  Looking back on those 4 years, Alice has been a clear success in eliminating patents that never should have issued.  It’s had a very limited impact on patent prosecution, with most applications entirely…

Courts Will Swipe Left On Tinder’s Suit Against Bumble

Tinder swiped right on a lawsuit against Bumble last week, but their lawsuit has more than just surface flaws.  Tinder’s lawsuit alleges a number of forms of intellectual property violations—but basically, it comes down to claiming that they own the idea and the design of swiping, especially for a dating app. A Brief History Of…

Innovation Is Alive And Well—R&D

As part of Patent Progress’ series on innovation in the United States, we are examining ways to measure innovation.  One useful metric, measuring the investment being made in the creation of new and innovative technologies, is research and development spending.  This metric tends to show the investment in innovation, in particular by larger companies.  And…

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…