Patent

27Feb 2015

PTO’s Secret SAWS Program

February 27, 2015 Patent
Designs for patents

The U.S. Patent and Trademark Office has a secret Sensitive Application Warning System (‘SAWS’) program for extra review of patent applications where action might embarrass the agency.  The problem is how the program functions and which applicants and applications are subject to SAWS are all secret.  We know only the broadest guidelines for the program […]

26Dec 2014

The Internet-Enabled Business Method Patent Just Clutched Its Chest And Fell Over Dead.

December 26, 2014 Patent
Designs for patents

The Internet-enabled business method patent just clutched its chest and fell over dead.The cause of its demise is theUltramercial v Hulu (Fed. Cir. 2014) case in the Court of Appeals for the Federal Circuit.  The Ultramercial patents address a typical Internet-enabled business method.  Under the patents, a consumer agrees to view an advertisement and then […]

30Oct 2014

Death Spiral of Software Patents

October 30, 2014 Patent
Designs for patents

In the not-so-slow death spiral of software patents in light of the Supreme Court’s recent decision in Alice v CLS Bank, another trial court has determined that a patent for software should not have been issued because the software addressed by the patent is not the kind of invention eligible for patenting.  In the case of […]

30Sep 2014

See the Amazing Shrinking Software Patent (Before It’s Gone)

September 30, 2014 Patent

As discussed above, the Alice v CLS Bank decision of the United States Supreme Court has the potential to preclude patent protection for many software and computer-implemented inventions and to invalidate many issued patents for those inventions.  The Court gave only the sketchiest guidance on how to determine when a claimed invention is too abstract. […]

29Aug 2014

Patent Litigation: Collecting Attorney’s Fees Just Got Easier!

August 29, 2014 Patent

Patent infringement litigation usually is high stakes and very expensive.  The cost of the litigation can easily reach seven figures or more.  In the United States, each party to litigation generally bears its own costs, with exceptions.   Section 285 of the patent statute contains the exception for patent litigation.  The statute is short and sweet: The […]

31Jul 2014

Commentary: An Abstract Fairy Tail

July 31, 2014 Patent
uploading photos

Last month the Supreme Court decided the case of Alice v. CLS Bank and wandered around once again in wonderland. Let me explain.  The U.S. Supreme Court, as judge made law, has grafted onto patent law the concepts that one cannot obtain a patent on a law of nature, a natural phenomenon, or an abstract […]

28Jun 2014

Busy, Busy, Busy

June 28, 2014 Patent
The-Top-Computer-Companies-In

The Supreme Court has had a busy time of it in June stirring the patent pot, with decisions in three cases and arguments in a fourth. The general rule is that whenever the Supreme Court decides a patent case, the law is left in worse shape than it was before. The recent decisions are no […]

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