Special Software Series
litigation Quality PatentCast
SPECIAL SOFTWARE SERIES LITIGATION QUALITY PATENTCAST
In the Special Software Series Craige Thompson discusses recent software patent decisions. If you would like to know what works and what doesn’t work since the Alice decision we invite you to listen to the show. Check back each week for new additions to this series.
LQ PatentCast: Berkheimer v. HP
Summary:A Double Win for Software Patent Owners!
The Alice barrier to software just got cut down a couple notches!
Is this sleepy little case going to shake up prosecution and litigation of software patents?
Tawfiq uncovers how it might have just become harder to invalidate software claims, under step 2 of Alice in District Court, while Craige explains the potential sea change that promises to hold the patent examiners back from sloppy Alice rejections. Help is on the way for protecting software.
LQ PatentCast: Enfish LLC v Microsoft Corp.
Summary: 3 Lessons on How to Patent Software Claims
Since the Supreme Court tightened the law for patenting software inventions in a case called Alice, businesses have been uncertain about the fate of software patents. In the years since Alice, the law has started to settle. In this PatentCast, Craige explains why Microsoft was unable to kill off software claims owned by Enfish, and he shares 3 valuable Litigation Quality Patent lessons and 3 business takeaways from Enfish decision by the Federal Circuit.
LQ PatentCast: Electric Power Group v Alstom
Summary: Software is patentable – we do it here at TPL all the time. But many software inventions die a slow, and painful death in the patent office. Many others are killed off in litigation – all due to a Supreme Court case called Alice. Alice shapes which software claims thrive, and which don’t survive. In today’s EPG case, Craige explores how to identify whether claims will survive Alice. Craige also offers some Litigation Quality Patent practice pointers – including “red flag” phrases that are symptoms of potentially weak claims.
LQP Patentcast: Visual memory v nvidia
Summary: Money in the middle of conventional extremes.
One repeatable trick companies can use to mine patentable inventions is to find the "third way" that takes the best (but leaves the rest) from both extremes. In this case, the invention mining formula claims software that automatically configures a memory system to optimize performance based on the type of processor. This has the performance benefit of a custom solution with the affordable cost of a "one size fits all" approach.
LQP Patentcast: ex parte stefan hartman
Case Study: How Not to Write Software Claims.
Software is patentable when you follow the rules. Craige analyzes how the Patent Trial and Appeal Board (PTAB) invalidated issued software claims because the claim drafter simply framed the claims in a way that was too abstract. This illustrates an avoidable, but all too common, flaw that leads to the demise of many software claims.
Check back soon for more episodes...