Software patent owners that have been underwater holding their breath since the Supreme Court’s Alice Corp. v. CLS Bank decision can finally come up for air. In DDR Holdings, LLC v. Hotels.com, et al. (13-1505.Opinion.12-3-2014.1), the Federal Circuit finally found a software patent it could love in spite of the Alice decision. The DDR Holdings patent involved methods of serving web pages offering commercial opportunities by an “outsource provider.” The claimed invention provided for more than one unrelated web stores to offer a single product while allowing an “outsource provider” to provide a standard web page format for the product. In particular, the invention allowed product merchandisers to control the “look and feel” of their products even when offered for sale on unrelated merchant sites.Representative claim 13 of the ’572 patent recites:13. An e-commerce outsourcing system … [Read more...] about Federal Circuit Finally Meets a Software Patent It Can Love: DDR Holdings, LLC v. Hotels.com, et al.
Poire et provence
Ex Parte Dietz answers the question, at least as far as this BPAI panel is concerned, as to what structure need be recited in a “software claim” to bring it within the “machine” category of patent eligible subject matter. What is notable perhaps in its absence is any reference to the need to recite any “particular machine,” as opposed to simply just a “server” or the like, in order to bring a claim into the realm of the patent eligibility. Ex Parte Dietz et al In Ex parte Dietz, the following claim 1 was rejected under Section 101 for failure to recite at least one hardware element.1. In a World Wide Web (Web) communication network with user access via a plurality of data processor controlled interactive receiving display stations for displaying received hypertext Web documents, transmitted from source sites on the Web, including at least one display page containing text, images and a plurality of embedded hyperlinks, each … [Read more...] about “Particular Machine” not required: Ex Parte Dietz et al., Appeal 2009-008029, BPAI
As soon as we start to think that Delaware’s unclaimed property practices and administration couldn’t possibly get any more egregious, another lawsuit like JLI Invest S.A. et al. v. Cook et al., Case No. 11274 surfaces. The facts alleged in the complaint highlight the fundamental issue of just how much “protection” state unclaimed property laws provide to owners. In this case, Delaware apparently protected two scientists out of $12,024,148.25. Yay Delaware. The scientists are not happy (we would be crying on the floor with either (a) a vat of Graeter’s ice cream or (b) a barrel of Sancerre) and have sued Delaware for their lost value. FactsDr. Gilles Gosselin and Dr. Jean Louis Imbach are the two Belgian scientists who headed the research team responsible for creating a Hepatitis B drug. Idenix Pharmaceuticals, Inc. was established to commercially develop this drug. As the creators of the drug, Dr. Gosselin and Dr. Imbach were given an ownership … [Read more...] about Straight Outta Delaware: JLI Invest S.A. et al. v. Cook et al.
Carbon emissions from the aviation sector have a highly emotive and clearly visible profile compared to many other industries. During 2015, the aviation sector will emit approximately 757 million tons of carbon dioxide (CO2),1 representing between two and three percent of the world's anthropogenic carbon emissions,2 just slightly less than the entire carbon footprint of major industrialized countries such as Canada, South Korea and Germany. Many climate change scientists believe that the effects of aviation CO2 and other greenhouse gas emissions could be of a magnitude three or four times greater than calculated, by virtue of being deposited at high altitude and taking much longer to be absorbed by the Earth's ecosystems than they would if deposited at sea level.3The White House has estimated the "social cost" of carbon emissions at $36 per metric ton.4Based on this calculation, the annual cost to society resulting from current aviation CO2emissions is approximately $27 … [Read more...] about European Union ETS Update: Aviation Emissions Making Headlines Ahead of Another Important Political Crossroads
On Sept. 21, 2012, the U.S. Senate passed a bill (Senate Bill 1956) which, if signed into law, will give the Secretary of Transportation the authority to make it illegal for aircraft operators in the U.S. to comply with the European Union's (EU's) onerous Emissions Trading Scheme (ETS). The EU's ETS requires U.S. aircraft operators to buy and surrender carbon credits for flights to the EU member nations. The requirement to buy and surrender carbon credits goes into effect March 31, 2013 - although, in the months and years before this compliance date, various EU member nations have required U.S. aircraft operators to submit annual emissions monitoring plans and reports and participate in a complicated multi-step process to open carbon credit trading accounts.Senate Bill 1956 goes now to the House of Representatives for approval which seems likely given House's passage of a similar bill last year (H.R. 2594). After a vote in the House of Representatives the Bill will go to the White … [Read more...] about Aviation Law Alert – U.S. Aircraft Operators Possibly One Step Closer to Avoiding EU-ETS Requirements: Senate Passes SB 1956