Tag Archives: United States

IP at the USSC

On Friday, the United States Supreme Court granted cert in four IP related proceedings: POM Wonderful v. Coca-Cola – standing under the Lanham Act to challenge labelling; Limelight Networks v. Akamai Technologies – does inducing patent infringement require direct infringement; Nautilus v. Biosig Instruments – standard for indefiniteness in patent claims; and ABC, Inc., v. Aereo, Inc. – copyright infringement and public transmissions over the Internet.

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Patentable Subject Matter (again)

The United States Supreme Court has decided to hear the appeal in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. on the issue of whether computer-implemented inventions are patentable subject matter. This is an appeal from an en banc decision of the CAFC in which the panel of ten judges had written seven separate decisions with a majority holding the claims to be non-patentable.

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Google Books

Judge Chin of the District Court of New York held today that the Google Books scanning project is ‘fair use’, granting Google’s motion for summary judgment. Google has scanned more than 20 million books and includes the results in its search engine. The Authors Guild and individual authors sued for copyright infringement and sought class action status. The Authors Guild has indicated it will appeal the decision.

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Patent Assertion Entities

President Obama released reports and plans relating to patent litigation in the United States and particularly addressing “Patent Assertion Entities”. The announcement today included among other things, plans to provide new rules as to patent ownership and guidance on ‘functional claiming’ in software patents, as well as recommendations on costs awards in patent cases.

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En banc Patentable subject matter

Earlier today, the U.S. Court of Appeals for the Federal Circuit released its en banc decision in CLS Bank International v. Alice Corporation on the patentability of computer related inventions. The panel of ten judges wrote seven sets of reasons but a majority affirmed the lower court decision that the asserted system, method and computer-readable media claims were not directed to eligible subject matter.

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