Tag Archive for software patent

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…

Guest Post: Are Copyright and Patent Overlapping or Mutually Exclusive in Protecting Software Innovations?

Prof. Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley.  She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy.  We’re pleased to be able to republish this post, which first appeared on Patently-O. “Neither the Copyright Statute nor…

Why IPO Is Wrong About Section 101

It certainly seems that the technology industry is producing better and more exciting products than ever. Virtual reality is becoming, well, a reality; we have drones, self-driving cars, better artificial intelligence, amazing new games, and smarter smartphones. These innovations are all driven by software, even though the landscape for software patents has changed over the…

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.,…

Update: PTO Releases Case Study Topics

Following up on this post, the USPTO has released its case study topics: 1) Evaluation of the deviation of 35 U.S.C. §101 rejections from official guidance, correctness of rejections and completeness of the analysis. This study will evaluate whether examiners are properly making subject matter eligibility rejections under 35 U.S.C. §101 and clearly communicating their…

Proposed PTO Case Studies Show Common Concerns

The USPTO recently requested proposals for case studies that the Office might do in order to improve patent prosecution. There were over 100 proposals submitted from associations, companies, law firms, and individuals. There are definitely some proposals that the USPTO should use. I’m hoping that at the USPTO’s Patent Quality Community Symposium on Wednesday, some…

Apple Wants to Compete on Patent Portfolio, Not Products

(Cross-posted on DisCo) Apple has been an odd player in the patent debate. On the one hand, it’s the company that gets sued by patent trolls more than any other. As a result, it supports most of the patent reform bill, and Apple uses the Covered Business Method (CBM) program far more than any other…

In Defense of Software (Patentability)

Note from : The Alice v. CLS Bank case, which is being argued at the U.S. Supreme Court later this month, has invigorated the debate over the patentability of software.  The following guest post is by Dana Rao, Vice President for Intellectual Property and Litigation at Adobe, and I’m thrilled to be able to publish it. Dana…