C-IP2 Celebrates the Release of Book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things[1]
The following post comes from Jack Ring, a 3L at Scalia Law and a Research Assistant at C-IP2. Read more
Category: Software Patent
Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents
The Federal Circuit issued another important opinion yesterday affirming that software is a patentable invention in the United States. In Trading Technologies Int’l, Inc. v. CQG, Inc., the court determined that a graphical user interface (GUI) for a commodities trading platform was patent eligible. Read more
Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible
In Tuesday’s McRO v. Bandai decision, the Federal Circuit has once again reversed a district court’s determination that a computer-implemented invention (aka “software patent”) was not patent eligible under Section 101 of the Patent Act. This continues the Federal Circuit’s recent trend of clarifying the Supreme Court’s two-step patent-eligibility test under Mayo and Alice. Read more
CPIP Scholars File Amicus Brief in Trading Technologies v. CQG
Earlier this month, CPIP Senior Scholar Adam Mossoff penned an amicus brief in Trading Technologies v. CQG, currently on appeal to the Federal Circuit. The brief was joined by nine other IP scholars, including CPIP Senior Scholars Mark Schultz and Kristen Osenga. Read more
Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine
By Adam Mossoff and Kevin Madigan
Following the Supreme Court’s four decisions on patent eligibility for inventions under § 101 of the Patent Act, there has been much disruption and uncertainty in the patent system. The patent bar and most stakeholders in the innovation industries have found the Supreme Court’s decisions in Alice Corp. Read more
Digital Goods and the ITC: The Most Important Case That Nobody is Talking About
By Devlin Hartline & Matthew Barblan
In its ClearCorrect opinion from early 2014, the International Trade Commission (ITC) issued cease and desist orders preventing the importation of infringing digital goods into the United States. The ITC’s 5-1 opinion has since been appealed to the Federal Circuit, with oral argument scheduled for the morning of August 11th, and the case has drawn a number of amicus briefs on both sides. Read more
The One Year Anniversary: The Aftermath of #AliceStorm
The following post, by Robert R. Sachs, first appeared on the Bilski Blog, and it is reposted here with permission.
It’s been one year since the Supreme Court’s decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to “tread carefully” before invalidating patents, and emphasizing that the primary concern was to avoid preemption of “fundamental building blocks” of human ingenuity. Read more
The Commercial Value of Software Patents in the High-Tech Industry
In CPIP’s newest policy brief, Professor Saurabh Vishnubhakat examines the important role patents play in commercializing software innovation and supporting technology markets. He explains how a proper understanding of this commercial role requires a broader view of patents in software innovation than the all-too-common focus on a small handful of litigated patents and legal questions of patentability and patent quality. Read more
Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda
The following is taken from a CPIP policy brief by Professor Richard A. Epstein. A PDF of the full policy brief is available here.
Curbing the Abuses of China’s Anti-Monopoly Law:
An Indictment and Reform Agenda
Executive Summary
There are increasing complaints in both the European Union and the United States about a systematic bias in China’s enforcement of its Anti-Monopoly Law (AML). Read more
Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings
PDF summary available here
I. Introduction
A recent draft study about patent licensing companies entitled “Patent Trolls: Evidence from Targeted Firms” is making the rounds on Capitol Hill and receiving press coverage. This attention is unfortunate, because the study is deeply flawed and its conclusions cannot and should not be relied upon. Read more