tag:blogger.com,1999:blog-119398102024-09-22T07:41:27.549+12:00Software PatentsNews and web sites about software patents around the world.
<br/><small>Editorial policy is to report the views of both sides without any editorial comment or slant.</small>Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.comBlogger300125tag:blogger.com,1999:blog-11939810.post-85610226054755730672016-10-22T08:27:00.000+13:002016-11-02T08:31:56.203+13:00Claim on web video, sues 14 big media companiesOn October 11, Bartonfalls filed patent lawsuits against Ziff Davis (the owners of PC Magazine), Viacom, Advance Publications (over the website for GQ; GQ and Ars are both owned by Conde Nast, which is in turn owned by Advance Publications), Scripps Networks (HGTV), Bloomberg, Allrecipes.com, NBC Universal, Turner Broadcasting, the New York Times Company, Forbes, ABC, Discovery, CBS, and Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-36206414066326271282016-09-27T09:08:00.000+13:002016-11-02T09:10:02.551+13:00Boilerplate – New Consideration in View of Patent Subject MatterCan boilerplate language describing possible variations to an invention ever impact validity of a patent?
Many software patents include standard “boilerplate” text describing many ways to implement an invention, such as by discussing execution of the software on a smart phone, laptop, mainframe, PDA, audio player, or even a refrigerator! This boilerplate language is often added to patent Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-75353274304039498882016-08-31T11:38:00.000+12:002016-11-03T11:40:12.627+13:00Opinion: How to Avoid Legal Problems in Collaborative ResearchThe path from the discovery of the CRISPR/Cas mechanism as part of bacteria’s adaptive immune system to the use of this pathway in the food industry and later as a breakthrough gene-editing tool is a good illustration of the power of collaboration among scientists across disciplines. Yet CRISPR’s development also serves as a salient warning of how failing to assign clear and up-front ownership ofJulia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-34500016656849993632016-08-31T11:34:00.000+12:002016-11-03T11:39:25.327+13:00That Other CRISPR Patent DisputeNormally, if an inventor believed he or she was left off a patent, he or she could raise the issue in the patent office or federal court and appeal to have it added, explained Dan Burk of the University of California, Irvine, School of Law. Yet, for reasons that are unclear, the university didn’t go this route. “It’s hard to tell what [Rockefeller] wanted to accomplish,” said Burk.
If the patentJulia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-61573594320557144642015-06-03T13:22:00.001+12:002015-06-03T13:22:33.131+12:00Are Business Method Patents still valid?Business method claims have had less luck than software claims after the Supreme Court’s Alice decision. Most business method claims reviewed by the Federal Circuit are found invalid under Section 101 for merely reciting an abstract idea. As an example of business method claims found valid under Section 101 post-Alice, we have to turn to the Patent Trial and Appeal Board (“PTAB”), which recently Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-75452253933900164022015-06-02T19:41:00.001+12:002015-06-02T19:41:50.525+12:00Tracking #AliceStormIt's been six weeks since my last AliceStorm update, and we've had plenty of action: twelve section101 decisions, and fourteen patents invalidated in just that period. That said, the success rate of motions on the pleadings is dropping, now down to a mere 69.6%. At PTAB, ten new institution decisions, all of which were granted on ineligibility grounds. And PTAB continues with its 100% kill Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-67692517691809758532015-06-01T08:54:00.000+12:002015-06-01T08:54:22.860+12:00Naked Emperors, the US Supreme courtGene Quinn of IPWatchdog.com has written this essay on why the US Supreme court is incompetent to rule on technology issues.
He points out that they are old, were all educated in "Ivy League" universities, "all
went to the same places, they ate the same places, they drank the same
drinks, were taught by the same people and now they lived the same lives
for the vast majority of Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-6963432838519342962015-05-31T19:11:00.001+12:002015-05-31T19:15:33.185+12:00An Abstract Idea by Any Other Name - Epicor Software Corp. v. Protegrity Corp., Google Inc. v. Unwired Planet, LLCAddressing the issue of unpatentable subject matter in a post-Alice world, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently invalidated two patents under � 101 in separate covered business method (CBM) proceedings. Epicor Software Corp. v. Protegrity Corp., Case CBM2015-00006 (PTAB, Apr. 21, 2015) (Petravic, APJ); Google Inc. v. Unwired Planet, LLC, Case Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-19392384274630129772015-05-31T19:06:00.001+12:002015-05-31T19:19:33.101+12:00Does the US Supreme Court’s latest move further obviate patent reform efforts?One of the key components of patent reform has been increased disclosure requirements for patent complaints. Patent infringement defendants have long derided the sparsity of information provided by patent infringement plaintiffs in opening pleadings. Traditionally, after providing information proving that the plaintiff owns the patent in question (or holds adequate rights to assert the patent) Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-69103649548538642015-05-31T19:01:00.001+12:002015-05-31T19:16:26.888+12:00Patent Litigation Report Raises QuestionsA recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this "dramatic shift" was "[d]riven by Alice Corp. v. CLS Bank, which raised the bar for patentability and enforcement of software patents"
A more careful analysis of the government's data, however, shows that PricewaterhouseCoopers' theory is Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-25426216134133701692015-05-31T18:58:00.001+12:002015-05-31T18:58:30.961+12:00Is there a future for software patents in an age of software innovation?Numerous patents have been lost with claims invalidated as being patent ineligible in the wake of Alice. This has negatively affected patent valuation, rendering many patents worth far less if not completely worthless. this has led some commentators to lament the toxicity of the patent asset and question whether the the United States Patent and Trademark Office (USPTO) has the bandwidth to cope Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-91137177679824584882015-05-31T18:55:00.001+12:002015-05-31T19:15:33.194+12:00PatentVue by Envision IPWith the annual software developer conference Google I/O approaching next week, many in the wearable industry are wondering what place Glass will have on the agenda, and to what extent Google will continue to promote its augmented reality platform. Glass was not a main focus during the 2014 I/O conference, however, that may change this year as Google Glass officially became integrated as a Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-9409154199975781222015-05-31T18:51:00.001+12:002015-05-31T19:19:33.136+12:00Patent reform could do terrible damage to our many successful programmes, says Columbia's tech transfer chief Patent reform could do terrible damage to our many successful programmes, says Columbia's tech transfer chief
Orin Herskowitz is head of technology transfer at Columbia University, one of the most respected and successful university licensing operations in the United States. His role not only means that he is plugged into the steady stream of new technology coming out of the New York institutionJulia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-77175061563727396792015-05-23T22:50:00.001+12:002015-05-31T19:15:33.190+12:00Google Goes Patent Crazy, Seeks one for ‘Creepy’ ToysGoogle has filed an interesting patent application for toys which watch moving objects and interact with other media devices in a room.
The toys also interact with other devices using Bluetooth or Wi-Fi,
to play videos or songs for children whose command pattern is
pre-recorded. The interactive toy can communicate with at least one
remote entity, which could be a mobile phone.
The patent Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-21229049167514766412015-05-23T10:29:00.000+12:002015-05-23T10:29:00.397+12:00Lycos patent sale may be happening two years too lateThe news this week that Lycos is looking to dispose of some of its patents afforded tech bloggers the opportunity to remind their readers that yes, one of the iconic internet search brands of the before-Google era still exits. For those in the patent community the reaction may have been equally mystified – something along the lines of, they still have anything worth selling? And, have they seen Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-19855229757884580112015-05-23T09:34:00.001+12:002015-05-23T09:43:01.002+12:00Software is not Patent Eligible unless Claimed as a Process or Physical Object (US Federal Circuit)In an interesting – though non-precedential – opinion, the US Federal
Circuit has ruled that a “speech-recognition interface” software lacks
subject matter eligibility “because [the claims] are not directed to one
of the four statutory categories of inventions identified in 35
U.S.C. § 101.
Recent action in patent eligibility doctrine has primarily focused on the judicial Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-9061248874230994052015-05-22T19:51:00.000+12:002015-05-31T19:19:33.133+12:00Patent reform could be end of inventionInvention in America has turned ugly – it costs too much and risks are too high.
So what happened to bring this kind of damage to all of us? I think it’s because we are hunting a comic book character – a patent troll. Many describe this fictitious character as an unscrupulous inventor who sues a small business for infringement. The small business has to settle even though it doesn’t feel they Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-25964955722085599282015-05-22T18:29:00.001+12:002015-05-31T19:19:33.113+12:00The Case For Patent Reform In High TechGary Shapiro, head of the CEA (Consumer Electronics Association) explains:
“This case is Exhibit A for patent reform. The patent troll in this case doesn’t produce any products and services, has zero employees and operates from an office across the street from the courthouse in the notoriously troll-friendly Eastern District of Texas,”
But in their defense, there’s just no room for Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-48388297070621455492015-05-22T07:39:00.000+12:002015-05-22T07:39:11.113+12:00New patent lawsuits are down for the first time in five years. Here’s why that’s a huge deal.Here's another newspaper article explaining the Price Waterhouse report on patent lawsuits in the USA.
The Washington Post writes:
"This is a big deal for a whole range of industries, not just the tech sector. It's happening at a time when the spotlight on frivolous patent lawsuits has never been brighter. And that makes it a surprising find.
Here's the key chart from PricewaterhouseCoopers' Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-4491243406572629082015-05-22T07:29:00.000+12:002015-05-22T07:29:05.389+12:00How to kill the next generation of startupsIt’s one of the slickest bait-and-switch maneuvers in recent congressional history. A bill advertised as a targeted approach to reining in patent trolls who extort small businesses has been twisted into a measure to immunize big tech companies against the patent rights of the startups and small businesses who create nearly all breakthrough innovation and job growth in the U.S.
The last time a Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-6084757071981850922015-05-21T16:22:00.000+12:002015-05-21T16:22:00.281+12:00New immunotherapy technology company launchedAn immunotherapy technology for treating cancer and other diseases, jointly developed by Victoria University of Wellington’s Ferrier Research Institute and the Malaghan Institute of Medical Research, has been patented and will be the initial focus of a newly-formed company.
The research has been led by Dr Gavin Painter from Ferrier Research
and Dr Ian Hermans from the Malaghan Institute, and Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-47584862550798545192015-05-21T15:18:00.001+12:002015-05-22T18:31:12.526+12:00$1B lawsuit filed against U.S. government for voice and face recognition patent infringement Texas based 3rd Eye Surveillance and Baltimore based Discovery Patents have filed an infringement lawsuit against the U.S. federal government seeking damages of more than $1 billion for unlawful use of the company’s three video and image surveillance patents, two of which covered voice and facial recognition software by James Otis Faulkner.
Faulkner’s invention includes the method of Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-73351207038965466852015-05-21T11:10:00.000+12:002015-05-22T07:31:50.230+12:00US Congress seeks to quash patent trollsPredatory ‘patent trolls’ could soon find it harder to operate in the
United States. Legislation to curb frivolous patent lawsuits has
regained momentum after lawmakers in the US Senate added a provision to
stop university patent holders from being penalized along with the
trolls.
The process is moving quickly. The Senate Judiciary Committee plans to vote on the bill by the end of the month,Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-47163165908207520902015-05-21T10:06:00.000+12:002015-05-21T10:06:00.492+12:00Copyrighting Your Patent?Although it sounds of a malformed naive question, at times patent
applicants do want to copyright their patent. The patent application
may, for instance, include software code, prose, or particular
schematics that would seemingly be amenable to copyright protection.
Published works are no longer required to include any copyright notice, and the PTO has never indicated (AFAIK) Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0tag:blogger.com,1999:blog-11939810.post-33383289386879984172015-05-21T09:19:00.000+12:002015-05-21T09:19:00.810+12:00RPX Insurance Services Launches Indemnification Coverage for NPE LitigationRPX Corporation RPXC a provider of patent risk management solutions, today announced that it is offering a solution for software companies to insure their contractual indemnity obligations, with policies where both a supplier and its downstream customers are covered if a non-practicing entity (NPE or "patent troll") sues for alleged patent infringement.
"Based on our unique ability to quantify Julia Clementhttp://www.blogger.com/profile/00484243389651191571noreply@blogger.com0