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By Eric Waltmire on April 30, 2011
Creative Internet Adver. Corp. v. Yahoo!, Inc., 2010-1215 (Fed Cir. April 22, 2011) [PDF]. Creative sued Yahoo! claiming Yahoo!’s instant messaging product, Yahoo! Messenger infringed U.S. Patent No. 6,205,432. The ’432 patent is directed to a system where references to advertisements are inserted between end users of an instant messaging software. The claim at issue [...]
Posted in Feature, Software Patents |
By Eric Waltmire on April 2, 2011
Move, Inc. v. Real Estate Alliance, Dkt No. 2010-1236 (Fed. Cir. Mar. 22, 2011) [PDF]. Move sued Real Estate Alliance (Real) seeking declaratory judgment that Real’s U.S. Patent No. 4,870,576, and 5,032,989 (the ’989 patent) were invalid. Real appealed the district courts construction of claim 1 of the ’989 patent. Claim 1 provides: A method [...]
Posted in Feature, Software Patents |
By Eric Waltmire on February 17, 2011
Fifth Generation Computer Corp. v. IBM, Dkt No. 2010-1201 (Fed. Cir. Jan 26, 2011) [PDF]. Fifth Generation sued IBM for alleged infringement of US patent 6,000,024, which is directed to binary tree parallel computing systems. It is well known that parallel computing systems attempt to increase processing speed by the use of multiple processors operating [...]
Posted in Feature, Software Patents |
By Eric Waltmire on January 29, 2011
St. Clair Intellectual Prop. Consultants v. Cannon, 2009-1052 (Fed. Cir. 2011) [PDF] This case raised the issue of whether one or two references to an alternative embodiment (MPEG) in the specification can overcome the predominance and repeated reference to the first embodiment (still images). Two issues are explored here (1) whether all the claims were [...]
Posted in Feature, Software Patents |
By Eric Waltmire on January 20, 2011
Centrillion Data Systems LLC v. Quest Communications International, 2010-1110 (Fed. Cir. Jan 20, 2010) [PDF] This case addresses the issue of whether infringement may be found for a “use”–under 35 U.S.C. 271(a)– of a system claim, which includes elements in the possession of more than one actor, e.g., the service provider possesses some elements and [...]
Posted in Feature, Software Patent News, Software Patents |
By Eric Waltmire on November 29, 2010
On November 18, 2010, a patent application [USPTO, PDF] owned by published showing the use of a device, such as an iPhone, to control FM radio. Other sources have noted or speculated that the iPhone has an FM radio receiver [The Register, CNet UK, iPhone Hacks]. This patent application supports the prior reports from CNet [...]
Posted in Feature, Software Patents |
By Eric Waltmire on July 10, 2009
Dealertrack, Inc. v. Huber, et al., Doc. No. 06-2335 (C.D. Cal. 2009) [PDF] Summary. The court granted summary judgment finding the asserted claims directed to a computer aided method of managing a credit application were invalid as failing the machine-or-transformation test from Bilski. The court found the process claims were not tied to a particular [...]
Posted in Attorney Resources, Patent, Software Patents |
By Eric Waltmire on March 28, 2009
Software companies and entruepunurs are faced with the question of whether to spend $8K to 15K to file a non-provisional patent application covering a software invention or whether the money is better spent to keep to the lights on or hire engineer to futher develop the product. Here are the factors you should consider when [...]
Posted in Patent, Software Patents |
By Eric Waltmire on March 4, 2008
The group “End Software Patents” was born recently and asserted that (1) software patent lawsuits result in $11.26 billion in costs; (2) non-software companies are increasingly targeted for software patent infringement suits; and (3) the USPTO and the US Supreme Court [link] do not support software patentability. [Report] Joff Wild of IAM questions the 11.26 [...]
Posted in Patent, Software Patents |
By Eric Waltmire on February 28, 2008
The Software and Information Industry Association (SIIA) filed an amici curiae brief asking U.S. Supreme Court to hear a case where State sovereign immunity for patent infringement is at issue. The issue is whether a State waives its Eleventh Amendment immunity in patent infringement actions by regularly and voluntarily nvoking federal jurisdiction to enforce its [...]
Posted in Patent, Software Patents |