Tag Archive for software patent

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…

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…

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: Arguendo

Today, we watched as a man stood in front of a panel and explained how the other side had behaved improperly and how the decisions they made were incorrect and contrary to applicable legal standards. I’m speaking, of course, of the ContentGuard oral arguments.  What did you think I was talking about? Oral Argument at the…

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…