Software patent owners given rare boost in Federal Circuit Enfish decision

May 17, 2016

The Federal Circuit has found software patents valid under Alice for only the second time, in Enfish v Microsoft. The decision gives valuable ammunition for opposing a Section 101 challenge to software patent claims and may also mean the recent USPTO patent eligibility guidance needs to be updated

Unlock this article.

The content you are trying to view is exclusive to our subscribers.

To unlock this article:

Take a Free Trial or Login

Weekly take: India’s IP office must keep users in the loop

The IPO must change its approach and communicate with IP owners about its attempts at clearing up the trademark register

Sukanya Sarkar, March 31, 2023

US IP counsel scrutinise foreign filings amid economic concerns

Counsel are looking at enforceability, business needs and cost savings when filing for patents overseas

Rani Mehta, March 31, 2023

Key considerations for start-ups looking to license to bigger firms

James Perkins, member at Cole Schotz in Texas, reveals how smaller tech companies can protect themselves when dealing with larger players

James Perkins, March 31, 2023

This week on MIP: Unitary SPCs; Delhi victory for Ericsson

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

Rory O’Neill, March 31, 2023

Exclusive: Council chasing EUIPO for Archambeau assessment

The EUIPO management board must provide the Council of the EU with a performance assessment before it can remove the executive director

Rory O’Neill, March 30, 2023

People communicate European Commission building.Brussels, Belgium - 02 Mar 2011

Unitary SPC will join SEPs in EU patent shake-up

The European Commission confirmed that plans for a unitary SPC will be published in April alongside reforms to the SEP system

Rory O’Neill, March 30, 2023

Delhi High Court doubles Ericsson royalty in SEP appeal

The court held that SEP implementers could be injuncted or directed to pay royalties before trial if they are deemed to be unwilling licensees

Sukanya Sarkar, March 30, 2023

End of ‘painful’ EPO plausibility test a win for patentees

Patentees should feel cautious optimism over the EPO Enlarged Board of Appeal’s decision in G2/21, say European patent attorneys

Rory O’Neill, March 30, 2023

Berlin / Germany - September 22, 2019: Sanofi Germany - Berlin b

Counsel predict Sanofi victory in SCOTUS enablement case

Significant changes to the standard of law are unlikely, say sources, who note that some justices seemed sceptical that the parties disagreed on the legal standard

Rani Mehta, March 29, 2023

Counsel: Australian TM edict could weaken big brands’ power

Sources say the High Court of Australia’s ruling that reputation is immaterial in trademark infringement cases could stop famous brands from muscling out smaller players

Sukanya Sarkar, March 29, 2023

Software patent owners given rare boost in Federal Circuit Enfish decision

The Federal Circuit has found software patents valid under Alice for only the second time, in Enfish v Microsoft. The decision gives valuable ammunition for opposing a Section 101 challenge to software patent claims and may also mean the recent USPTO patent eligibility guidance needs to be updated

Unlock this article.

Tags

More from across our site