Oops — they did it again. The Federal Circuit Court of Appeals has rejected yet another software patent. The court, which hears all appeals involving patents, found that the patent was for a patent-ineligible invention.
In a landmark decision, the U.S. Supreme Court has dramatically tightened the restrictions on where patent owners can file infringement lawsuits. The court’s unanimous ruling is expected to rein in the “forum shopping” that so often occurs in patent infringement cases, where patentees try to file in judicial districts considered to be more plaintiff-friendly, such as the defendant-dreaded Eastern District of Texas.
In a recent article in the journal Cybaris, Jay Erstling—along with Indian patent attorneys Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani—discuss the progress of patent law in India. They cover issues such as exclusions from patentability under Indian patent law, disclosure requirements, the compulsory
Business method patents on software have had a tough time in the courts in recent years. But a recent ruling may now provide some hope for patent holders. The Federal Circuit Court of Appeals’ decision in Trading Technologies Int’l, Inc. v. CQG, Inc. marks a rare example of the court finding software to be patent-eligible. The ruling provides valuable guidance on just what it takes for these patents to withstand judicial scrutiny.
When the inventors of a new design process admitted that they had mentally performed the patented steps themselves, the Federal Circuit Court of Appeals took them at their word. The patent holders in Synopsys, Inc. v. Mentor Graphics Corp. ultimately failed the two-step abstract ideas test.
The decision in Apple, Inc. v. Ameranth, Inc. probably wasn’t what the patent-holder ordered. Late last year, both the Patent Trial and Appeal Board (PTAB) and the Federal Circuit Court of Appeals (which hears all appeals in patent cases) reviewed Ameranth Inc.’s patents for a computerized restaurant menu system, ultimately sending Ameranth back to the kitchen.