By Keith Mallinson It was my pleasure to participate in a panel session on “SEP Current & Proposed Regulations” last month at the George Mason University Antonin Scalia Law School Center for Intellectual Property x Innovation Policy (C-IP2) Annual Fall Conference entitled “The Importance of Exclusive Rights.” The other panelists were Angela Barr, Mark Cohen, […]
Category: Software Patent
The following post comes from Jack Ring, a 3L at Scalia Law and a Research Assistant at C-IP2. On April 15, 2024, C-IP2 scholars and contributors to 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things met for a live-streamed book launch event.[2] Professor Jonathan Barnett, one of the books two […]
The Federal Circuit issued another important opinion yesterday affirming that software is a patentable invention in the United States. In Trading Technologies Int’l, Inc. v. CQG, Inc., the court determined that a graphical user interface (GUI) for a commodities trading platform was patent eligible. Ten law professors, including CPIP Senior Scholars and others, filed an […]
In Tuesday’s McRO v. Bandai decision, the Federal Circuit has once again reversed a district court’s determination that a computer-implemented invention (aka “software patent”) was not patent eligible under Section 101 of the Patent Act. This continues the Federal Circuit’s recent trend of clarifying the Supreme Court’s two-step patent-eligibility test under Mayo and Alice. The […]
Earlier this month, CPIP Senior Scholar Adam Mossoff penned an amicus brief in Trading Technologies v. CQG, currently on appeal to the Federal Circuit. The brief was joined by nine other IP scholars, including CPIP Senior Scholars Mark Schultz and Kristen Osenga. The amici argue that Trading Technologies’ graphical user interface (GUI) constitutes patentable subject […]
By Adam Mossoff and Kevin Madigan Following the Supreme Court’s four decisions on patent eligibility for inventions under § 101 of the Patent Act, there has been much disruption and uncertainty in the patent system. The patent bar and most stakeholders in the innovation industries have found the Supreme Court’s decisions in Alice Corp. v. […]
By Devlin Hartline & Matthew Barblan In its ClearCorrect opinion from early 2014, the International Trade Commission (ITC) issued cease and desist orders preventing the importation of infringing digital goods into the United States. The ITC’s 5-1 opinion has since been appealed to the Federal Circuit, with oral argument scheduled for the morning of August […]
The following post, by Robert R. Sachs, first appeared on the Bilski Blog, and it is reposted here with permission. It’s been one year since the Supreme Court’s decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to “tread carefully” before invalidating patents, and emphasizing that the […]
In CPIP’s newest policy brief, Professor Saurabh Vishnubhakat examines the important role patents play in commercializing software innovation and supporting technology markets. He explains how a proper understanding of this commercial role requires a broader view of patents in software innovation than the all-too-common focus on a small handful of litigated patents and legal questions […]
The following is taken from a CPIP policy brief by Professor Richard A. Epstein. A PDF of the full policy brief is available here. Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda Executive Summary There are increasing complaints in both the European Union and the United States about a systematic bias […]