Category Archives: Patents

Posts on patents

Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.

At its heart the Internet is an information distribution network and the ease with which all manner of information can be shared instantly has led to numerous innovative methods of doing, well, most anything. A hallmark of patents on such methods is that the various steps are carried out by multiple actors as information is (...) [Read More]

US Supreme Court to take on the patentability of software. Can the decision reduce the incidence of troll attacks?

Mathmatical algorithms are unpatentable. Software is a collection of algorithms expressed in machine code. Under current law, only software that involves a specific machine or physical result. The U.S. Supreme Court accepted cert in a case,  Alice Corporation Pty. Ltd. v. CLS Bank International (docket 13-298), involving financial software to mitigate risk in settlement transactions. The trial (...) [Read More]

Will Prior Art Block My Patent Application? Prior Art 101 for §§102 and 103

If you read IP blogs with any regularity you no doubt know that patent reform has come courtesy of the America Invents Act (“AIA”), although the “old” patent law hasn’t really left us and won’t for quite some time.  The most blogged about change brought on by the AIA has undoubtedly been the change from (...) [Read More]

Is Software Patentable?

We may soon have an answer to that question. By “soon” I mean probably sometime in the next two years. By “answer” I mean we will have the en banc opinion of the Federal Circuit in the case of CLS Bank v. Alice Corp.  Yesterday, the Federal Circuit granted CLS Bank’s petition for rehearing and (...) [Read More]

A Divided Court on Divided Patent Infringement

The Federal Circuit’s recently issued decision in the cases of Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. Epic Systems Corp. received less attention than its importance might have warranted, perhaps because Apple’s win over Samsung in the patent litigation between the Smartphone giants occurred at about the same time and (...) [Read More]

Victory for Ober|Kaler’s Patent Litigation Team In Hotly Contested Area of Law

The Ober|Kaler patent litigation team recently won a significant victory for its clients in Maryland federal District Court. We were able to keep a patent infringement suit in the local federal court despite our opponent’s multiple attempts to have the case transferred to its home state of Florida. The latest gambit by our opponent was (...) [Read More]

Intellectual Property and the U.S. Economy: Industries in Focus

In the post-Bilski/KSR/Prometheus regime patents are unquestionably a costlier and riskier investment. Statistics confirm this. Fifty percent of patent applications are abandoned these days, as opposed to only thirty-five percent in 2004. Paying more to prolong prosecution (via request for continued examination) restores the odds of success, but at a price. [USPTO statistics at www.uspto.gov/dashboards/patents] (...) [Read More]

Conception Is Not Reality

One of the most interesting aspects of being a patent attorney is that I meet with a lot of brilliant people, the majority of whom have both some really great ideas and an unconventional way of looking at the world. This is as true of our individual inventor clients as it is of our corporate (...) [Read More]

Supreme Court Decision A Kick In The Gut For Prometheus Labs

The Supreme Court handed down its unanimous decision in the case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. yesterday, finding Prometheus’ patents for a method of administering a drug used to treat gastrointestinal disorders invalid for being directed at unpatetnable subject matter. Prometheus marketed a diagnostic test to Mayo and others that took advantage (...) [Read More]

ITC Gives Apple A Gift, Puts Coal in HTC’s Stocking

Earlier this week the International Trade Commission put something nice under Apple’s tree in the form of a ruling that a patent for a method of recognizing and manipulating structured data that Apple had asserted against HTC was both valid and infringed by certain HTC smartphones running Google’s Android operating system. The ITC banned the (...) [Read More]