Topic Archives: software patents

BTLJ Spring Patent Reform Roundup

With spring in the air, it is time to take another look at current news in the world of patent troll litigation. By now full-fledged media darlings, patent infringement lawsuits filed by non-practicing entities are everywhere you turn, garnering not just upvotes … Continue reading

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Bowman v. Monsanto: Patent Exhaustion and the Self-Replicating Invention

What’s the case about? The Doctrine of Patent Exhaustion holds that the authorized sale of a patented item extinguishes all of the patent holder’s rights to it.  Any subsequent use of that item by the purchaser is not infringement.  In … Continue reading

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BTLJ Holiday Patent Reform Round Up

We are now in the tail end of the season where millions of America brave wintry weather, TSA pat downs, and slow airplane wifi to spend quality time with loved ones. If gingerbread cookies and holiday shopping get old, you … Continue reading

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Will the New USPTO Administrative Proceedings Solve the Software Patent Problem?

Amidst current discussions on the “problem” posed by software patents, David Kappos, Director of the United States Patent and Trademark Office (USPTO), recently delivered a speech defending the existence of such patents. Kappos argued that innovations in the software industry are no … Continue reading

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Finjan v. Secure Computing: Direct Infringement of Apparatus Claims by Software That Requires User Unlocking or Activation

In the recent Finjan v. Secure Computing decision, the Federal Circuit affirmed that software that is sold in locked or inactivated form can directly infringe apparatus claims even before the customer unlocks or activates the software in separate subsequent steps. … Continue reading

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