News & Analysis as of

Software Patent Infringement

Hudnell Law Group

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

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In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

AEON Law

Patent Poetry: Federal Circuit Confirms Background Check Software Not Patentable

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The Federal Circuit has affirmed a lower court’s decision that the claims of a patent for software that manages pre-employment background checks weren’t patent-eligible. The case is In Miller Mendel, Inc. v. City of...more

Alston & Bird

Patent Case Summaries | Week Ending July 19, 2024

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Miller Mendel, Inc. v. City of Anna, Texas, Nos. 2022-1753, -1999 (Fed. Cir. (E.D. Tex.) July 18, 2024). Opinion by Cunningham, joined by Moore and Stoll. Miller Mendel sued City of Anna, Texas for infringement of a patent...more

Patterson Belknap Webb & Tyler LLP

Judge Furman Declines to “Pink Slip” Infringement Lawsuit Against Work Management Tool Company

On June 21, 2024, Judge Jesse M. Furman (S.D.N.Y.) denied Monday.com Ltd. (“Monday”)’s motion to dismiss a complaint for patent infringement by plaintiff Michael Philip Kaufman. See Kaufman v. Monday.com Ltd., 23-CV-5864...more

Seyfarth Shaw LLP

101 Whack-a-Mole – Yet Another Software Patent Falls Victim to Section 101

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In 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International.  The Alice decision established new standards for determining whether inventions, especially those related...more

UnitedLex

Source Code Review: A Powerful Tool in Technology Patent Infringement Litigations

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According to Statista*, in 2020 computer technology patents made up the majority of patent applications in the U.S., totalling approximately 60,000 patents. In 2022, Unified Patents** found that software, hardware, and...more

AEON Law

Split Decision on Patents for Restricting Access to Computer Files

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A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more

Jones Day

PTAB Doubles Down on Interference Estoppel Issue

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The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...more

Knobbe Martens

Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device

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Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving...more

Irwin IP LLP

Automating Without Innovating: Patents Held Invalid

Irwin IP LLP on

People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more

AEON Law

Patent Poetry: Patent Wars Come to Crypto

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One of the first patent disputes involving cryptocurrencies is being litigated in federal court in Texas. Cryptocurrency firm Veritaseum Capital sued Circle Internet Financial Ltd for alleged infringement of its...more

Holland & Knight LLP

"For Use Under" Patent Marking: When a Claim Only Partially Covers the Product

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The Patent Act requires patentees to mark their products with the numbers of any patents that cover that product. Put differently, if you produce a product that would infringe one of your patents, you must mark that product...more

Foley & Lardner LLP

Web IP Ruling Illustrates Ways To Clear Hurdles To Eligibility

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Since the U.S. Supreme Court's 2014 Alice Corp. v. CLS Bank International ruling, patentees attempting to enforce their patents in the software arts have encountered a more significant hurdle for patent eligibility that has...more

McDermott Will & Emery

The Name of the Game Is the Claims, Even if Specification Is Shared

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Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their...more

Holland & Knight LLP

Metaverse: Patent Infringement in Virtual Worlds

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If patent holders want to exclude others from using their invention, then they need to keep an eye on the marketplace to spot infringers. Because the metaverse opens up a new, virtual and potentially endless space where...more

Weintraub Tobin

AI Systems May Invent, But Are They Inventors?

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Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a...more

Kidon IP

Legal Protection for the Software Arts — Part 10

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Finally, other than various state law trespass and common law claims, the most common form of protection for software is a simple contract. Unlike free and open source software, most commercial software products are...more

Foley & Lardner LLP

Software Companies Sued For Patent Infringement May Seek Speedy Dismissals

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Patent infringement litigation can be expensive, last multiple years, and be a huge distraction for a company’s efforts in the marketplace. While fighting an infringement accusation through trial to final judgement can be...more

WilmerHale

CAFC Patent Cases - October 2021 #2

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Precedential Federal Circuit Opinions - CELGENE CORPORATION v. MYLAN PHARMACEUTICALS INC. [OPINION] (2021-1154, 11/05/2021) (PROST, CHEN, and HUGHES) - Prost, J. This is a case about venue and pleading under the...more

Knobbe Martens

Federal Circuit Review - October 2021

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No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more

Perkins Coie

China Courts Adopt Concurrent Partial Judgments and Preliminary Injunctions in New Model for Complex Copyright and Patent Civil...

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High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. These concerns have been...more

Manatt, Phelps & Phillips, LLP

User Identification Module Held Means-Plus-Function Element, Lacked Structure/Algorithm and Invalid

In Rain Computing, Inc. v. Samsung Elecs. Am., Inc., the Federal Circuit held that the claimed language “user identification module” was a means-plus-function element with no corresponding structure disclosed in the...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Refusal to Admit Source Code Printouts Obtained from Third Parties

The Federal Circuit’s recent decision in Wi-LAN Inc. v. Sharp Electronics Corp. demonstrates potential difficulties for plaintiffs in proving infringement where third-party information is necessary to establish that...more

Knobbe Martens

Hurdles in the Admissibility of Source Code and Expert Reliance on Unauthenticated Source Code

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WI-LAN INC. v. SHARP ELECTRONICS CORPORATION - Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Source code evidence found to be inadmissible hearsay...more

Knobbe Martens

Distribution of Software Alone Does Not Infringe a Claim That Requires Hardware

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SYNCHRONOSS TECHNOLOGIES, INC v. DROPBOX, INC. Before Prost, Reyna, and Taranto. Appeal from the U.S. District Court for the Northern District of California. Summary: A claim construed to require hardware does not...more

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