Is My Software Patentable?

By: David Breiner | 03.03.2017

Is my software patentable?  Maybe!!!  Does it solve a problem rooted in computer technology?  Does it improve the performance or functioning of a computer?  Does it solve a technological problem by applying well understood operations in non-conventional and/or in non-generic ways?  If the answer to any of these questions is yes, then it is possible Read…

Return of Textbook Case Allows Supreme Court to Clarify Standards in Awarding Attorney’s Fees in Copyright Cases

By: David Breiner | 10.14.2016

In June, the Supreme Court once again issued a ruling involving textbook giant John Wiley & Sons, Inc. (“Wiley”) and Supap Kirtsaeng (“Kirtsaeng”) a student who earned a considerable profit by purchasing Wiley’s textbooks from his native Thailand and reselling them on eBay. In 2013, Kirtsaeng emerged victorious when the Court found that the “first-sale Read…

Patent Pirates Beware: Enhanced Damages after Halo

By: David Breiner | 08.18.2016

In June 2016, the Supreme Court decided Halo Electronics, Inc. v. Pulse Electronics, Inc. and fired a broadside attack at persons who purposefully infringe upon a valid patent (so-called “patent pirates”). The Supreme Court gave courts greater discretion to punish “willful” patent infringement by multiplying the damages owed to patent holders up to three times (“enhanced damages”) Read…

What is a Patent Claim? How to Quickly Interpret the Meaning of a Claim

By: Christopher Proskey | 10.23.2015

As we say in the industry, “The Name of the Game is the Claim!” Claims are by far the most important part of a patent application.  They are the numbered paragraphs at the end of a patent.  The claims define “scope” of the patent.  Just like a property line defines a piece of property, claims Read…

Senator Grassley’s PATENT Act Aims at Curbing Abusive Patent Litigation

By: David Breiner | 06.04.2015

Abusive patent litigation costs American consumers and businesses billions of dollars each year.  The RPX Corp., a provider of patent risk management services, estimates that patent trolls cost U.S. operating companies $12.2 billion in 2014 alone. In an effort to stop abusive patent litigation, Senator Grassley, along with Senators Patrick Leahy, John Cornyn and Chuck Read…

Trade Secrets and Patents

By: David Breiner | 11.12.2014

The marketplace is full of inventions.  The Coca-Cola Company, for example, invented a “new” soft drink in the 1880s which allowed it to dominate the soft drink industry.  Google invented a search algorithm allowing it to become the internet’s preeminent search engine.  Colonel Sanders founded a restaurant chain based on a “new” combination of herbs Read…

Don’t Gamble With Your Business . . . Tips on Running a Lawful Prize Promotion

By: Brian McCormac | 09.18.2014

Prize giveaway promotions are a great way to generate publicity and promote your company and its products.  However, media reports that your promotion is illegal disprove the notion that the only bad publicity is no publicity.  Indeed, an unlawful promotion can damage your brand, hurt your business, and expose you to substantial legal liability. As Read…

Software Patents, Abstract Ideas, and Alice Corp.

By: David Breiner | 08.31.2014

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.  35 U.S.C. §101. 35 U.S.C. §101 defines four categories of patentable subject matter:  1) processes; 2) machines; 3) manufactures; Read…