The seeds of invention often require protection from the weather of today’s global competition. Carstens & Cahoon, LLP offers both the legal and technical insight needed for your intellectual property to prosper and grow. We are intellectual property attorneys dedicated to helping our clients protect their ideas so they can thrive in any environment.
New Hope for Software Patents: Federal Circuit’s Uniloc Decision Provides Support for Uptrend in Software-Related Patents
Written by Brandon Zuniga, Esq. The Federal Circuit’s recent Uniloc decision provides welcome support for an uptrend in the allowance rate of software-related patents. In Uniloc USA, Inc. v. LG Elecs. USA, Inc., 957 F.3d 1303 (Fed. Cir. 2020), the Federal Circuit seems to be guiding the law back toward a more pragmatic standard for patentability—one that focuses on whether a claim is directed toward a practical, real-world improvement. In particular, after summarizing several cases in which courts found patentable subject matter, the Federal Circuit explained that patent-eligible improvements in computer functionality include devices that are configured to perform a method step more efficiently, namely, speeding up the communication time between devices in a network. Here, it is worth emphasizing that the key technological improvementContinue Reading →
Imagine the embarrassment of having an email discovered during litigation where one of your employees exclaims that your new product probably infringes a competitor’s patent he has only just perused. Of course, it is sound business practice for companies to routinely review their competitors’ published patent applications and issued patents. Armed with this information, your company can make strategic business decisions. However, your company should take steps to avoid creating potentially harmful documents, emails and other correspondence that could be used against it in litigation. If your company has personnel involved in (a) reviewing the competitors’ published patent applications and issued patents and/or (b) monitoring the prosecution of a competitor’s patent application, then be sure to implement some simple policies on how to document andContinue Reading →