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The Supreme Court’s abstract ideas exception to categorical subject-matter eligibility under 35 U.S.C. § 101 has become the bane of computer-implemented inventions. In June of
In the recent Alice Corp. v. CLS opinion, the Supreme Court described a two-part “framework,” for making such a distinction between patents that claim the building
As we transition in to a new year, we re-focus our efforts in certain trends in the area of intellectual property law. Four trends are
Not really. Trademark law encompasses the subpart known as “trade dress.” When an average consumer can identify the source of a good or service by
Recently, the USPTO issued a memorandum to its Examiner Corps, entitled “Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v.
The Transmit Clause gives copyright holders the exclusive right to transmit or otherwise perform a copyrighted work to the public by means of a device or process.
The courts have been particularly active recently with respect to the question of what is patentable subject matter. Despite this activity, there has been no
We have all heard of the patent battles between tech giants Apple and Samsung. It is easy to imagine the countless patents that protect the new iPhone and Galaxy smart phones. However, intellectual property is not limited to the Steve Jobs and Mark Zuckerbergs of the world. A huge amount of intellectual property is being developed, and protected, in the oil field. In fact, the next major patent dispute is more likely to involve a method of fracking than a processor on a smart phone. The reason, in part, is that as “easy oil” reserves become more and more rare, oil and gas companies are developing incredible technological solutions in order to harness oil, which was previously believed unreachable. In solving these complex problems, they are developing vast amounts of intellectual property. Oil and gas companies of all sizes need to begin protecting their intellectual property because their competitors are. Failing to protect intellectual property will place these companies at a huge competitive disadvantage in the long run.
by Gregory Perrone
This past Spring, in CLS Bank International, CLS Services Ltd. v. Alice Corp, Pty Ltd. 2011-1301 (Fed. Cir. May 10, 2013), a splintered en banc panel of the United States Court of Appeals for the Federal Circuit vacated its three-member panel’s reversal of the district court’s judgment and affirmed a grant of summary judgment of invalidity.
The en banc panel held that a patent claiming a computerized system and methods for eliminating settlement risk are not eligible for patent protection under 35 U.S.C. Section 101. While the panel’s six opinions and 127 pages provide a menagerie of commentary on why subject matter may or may not be patent eligible, little guidance is offered to inventors, patent counsel or the courts on how to determine whether subject matter is patentable.
by Bobby W. Braxton
It’s easy to root for the little guy. Whether we are rooting for Rudy Ruettiger to take the field in Rudy, or for inventor Robert Kearns when he takes on Big Auto in the movie Flash of Genius (the Rudy equivalent for patent attorneys), we root for success stories. A truly American success story is an invention that allows the smallest inventor to compete with the largest corporation. Unfortunately, while individual inventors dream about inventing the next big thing, the costs and fees involved in filing a patent application often make these dreams prohibitively expensive. According to the United States Patent and Trademark Office (“USPTO”), less than 20% of the patents granted in 2011 were awarded to so-called small entities, individuals or businesses with less than 500 employees. How is the little guy supposed to compete? The USPTO and the American Invents Act (“AIA”) have offered a few avenues to make it a bit easier for Rudy to get into the game.
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