The Court of Appeals for the Federal Circuit (the “Federal Circuit”) denied rehearing en banc Aatrix Software Inc. v. Green Shades Software Inc., Case No. 2017-1452 (Fed. Cir. May 31, 2018)(reh. en banc denied) (Available Here) and issued two concurring opinions and a dissent by … [Read more...] about Factual Disputes Cloud Early Dismissal of Software Patent – Ineligible Subject Matter Section 101
Petitioner sought to invalidate patentee’s financial patent on a modified ATM machine arguing that the patent covered ineligible patent subject matter under Section 101 of the Patent Act but since Petitioner failed to present arguments on Patentee’s “combination of elements,” the … [Read more...] about Patent Office Appeal Board Finds Financial Computer Process Patent Not Ineligible Subject Matter
Lens.com appealed to the Federal Circuit Court as Trademark Trial and Appeal Board (“TTAB”) oreder, which granted 1-800 Contacts, Inc.’s motion for summary judgment and ordered the cancellation of Lens.com. Inc.’s registration for the mark LENS. The order found that Lens.com did … [Read more...] about LENS Website Software Is Only A Channel Of Trade For Online Retail Services Associated With Selling Contact Lenses
The Second Circuit Court of Appeals reversed the conviction of Sergey Aleynikov, a computer programmer who stole Goldman Sachs’ extremely valuable and proprietary in-house high-frequency trading computer program, stating that the program’s source code (human readable code) was … [Read more...] about Computer Software Not Tangible Goods Under Federal Theft Statutes
The Ninth Circuit Court of Appeals in Vernor v. Autodesk Inc., Case No. No. 09-35969 (9th Cir. Sept. 10, 2010)(available here) held that when purchaser Vernor (a reseller of used software) obtained copies of AutoDesk’s AutoCAD program from earlier purchaser-licensees of copyright … [Read more...] about Computer Program License Not a First Sale Under the Copyright Act
The U.S. Patent and Trademark Office (USPTO) recently published a patent application by Zynga Game Networks, Inc. See www.zynga.com which seeks to patent virtual money generated and exchanged by players in online games. The published patent application, Patent Publication No. … [Read more...] about Virtual Money for Online Game – Business Method or Computer Program Patent?
On June 28, 2010, the U.S. Supreme Court issued its ruling in the biggest patent case in recent years, Bilski v Kappos. (See http://www.supremecourt.gov/opinions/09pdf/08-964.pdf). The case related to the patentability of business methods. The Supreme Court’s decision … [Read more...] about In re Bilski in the Supreme Court – A First Quick Glance