In a major new development, the International Association for the Protection of Intellectual Property (AIPPI) has adopted a resolution favoring patent-eligibility of computer software inventions, also known as “computer implemented inventions” or “CII.” I. Background of widespread confusion about software or CII patents The patent systems of the world are in a state of confusion […]
There is an international crisis in software patents. The critical, unanswered question is this: When are software inventions eligible for patent? Billions in corporate assets are
House counsel for a large software company has written an open letter to me titled Pursuit of Extremely Short Patent Claims. He has thrown down the gauntlet in a public forum. Here’s what he said to me, followed by my response.
In the last inning of the Apple-Samsung game of smartphone hardball, Samsung slid into home. Apple failed to make the tag. “Samsung is safe!” cried the umpires. The inning was umpired by the U.S. Court of Appeals for the Federal Circuit, which held Apple’s slide-to-unlock U.S. Patent 8,046,721 invalid. See Apple v. Samsung (Fed. Cir. Feb. 26, 2016).
In a patent, which is better: A picture or 1,000 words? For patent purposes, it’s important to provide considerable detail in drawings and descriptions. Some foresight is required, because support is required as of the filing date for the originally filed claims and for amendments that may become desirable during prosecution. In this article, we will consider […]
The Director of the U.S. Patent and Trademark Office has announced that in her zeal to prevent substandard patents from issuing, she will insist on clarity of the record. Every word of every patent will have to be defined. And every word stated in the patent process—in the give and take (or “prosecution”) between applicant
Patent jury trials reached their zenith in the mid-1990s. The stakes remain high, though the drama has faded. Now, even if it’s called a trial, what you get is “some kind of hearing,” as Judge Henry Friendly once called it in his seminal lecture and law review article. Some kind of hearing: That’s all you can expect in […]
In my recent blog post, I reported that Samsung, backed by Google and other tech giants, was seeking rehearing of the Federal Circuit’s decision affirming some $500 million in damages to be paid by Samsung to Apple for design patent infringement. Hundreds of breathless reporters wondered whether Samsung would succeed in
In a saga of epic proportions, sprawling across the globe, Apple and Samsung have been duking it out over smartphone design and features. That’s billion, with a “B” District Judge Lucy Koh of California entered judgment in favor of Apple to the tune of
The U.S. Patent and Trademark Office (USPTO) has proposed a new patent quality initiative. See Director’s Blog and Federal Register. In response, I have submitted a formal comment, Tracking Number 1jz-8ipa-7jnk, as set forth below. I contend that any discussion of quality patents should take into account the need for