United States

January 20, 2015

SCOTUS Asks Solicitor General’s Advice on Whether to Hear Google’s Java API Copyright Case

Google, Inc v Oracle America, Inc, 14-410 - This case would put at issue whether Java’s method headers are subject to copyright protection, or whether they are excluded by Section 102(b) of the Copyright Act for being a system or method of operation.
July 3, 2014

US Supreme Court Tightens the Standard for Definiteness of Patent Claims

Nautilus Inc v Biosig Instruments Inc, No 13-369, 572 US ____ (2014) - On the matter of interpreting the meaning of electrodes in a "spaced relationship with each other", the US Supreme Court held that a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention and remanded the case to the Federal Circuit.
July 3, 2014

US Supreme Court Reaffirms that Induced Infringement Requires Direct Infringement

Limelight Networks Inc v Akamai, No 12–786, 572 US ____ (2014) - The US Supreme Court reaffirmed that induced infringement requires direct infringement.
June 20, 2014

Reciting a Generic Computer or Conventional Computer Implementation Not Sufficient to Render an Otherwise Abstract Idea Patent Eligible

Alice Corp v CLS Bank, No 13–298, 573 US ____ (2014) - The US Supreme Court rejected patent claims that “relate to a computerized scheme for mitigating ‘settlement risk’" for being drawn to the abstract idea of intermediated settlement. Merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.
June 17, 2013

US Supreme Court Holds Isolated Naturally-Occurring DNA Segments Are Products of Nature and Not Patent Eligible

Association for Molecular Pathology v Myriad Genetics Inc, US SC No 12–398 (2013) - The US Supreme Court must determined that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring.