The History of Software Patents

ChargePOINT, INC. v. SemaCONNECT, INC., FEDERAL CIRCUIT 2019 (SOFTWARE PATENTS)

This is a software patent decision in which the court ignored a substantial amount of hardware in the patent claim and found that the claim was directed to an abstract idea and therefore invalid.  In the Alice Supreme Court decision, the main issue was whether the patentee took a well known financial method and merely automated it on a computer.  In most post-Alice decisions, the computer was largely ignored in determining whether the claim was directed to an abstract idea and therefore unpatentable under 35 U.S.C. 101, unless there was an improvement in operation of the computer.

The ChargePOINT case relates to U.S. Patent No. 8,138,715; 8,432,131; 8,450,967; and 7,956,570 for charging stations for electric vehicles. The battery…

Read More
ANCORA TECHNOLOGIES, INC., v. HTC AMERICA, INC., HTC CORPORATION, FEDERAL CIRCUIT 2018 (SOFTWARE PATENTS))
Ancora Technologies, Inc.’s U.S. Patent 6,411,941 is entitled “Method of Restricting Software Operation Within a License Limitation.”  The patent describes and claims methods of limiting a computer’s running of software not authorized for that computer to run.

Ancora brought this action against HTC America and HTC Corporation alleging infringement of the patent.  HTC moved to dismiss on the ground that the patent’s claims are invalid because their subject matter is ineligible for patenting under 35 U.S.C § 101.  The district court granted HTC’s motion to dismiss, concluding that the claims are directed to, and ultimately claim no more than, an abstract idea.

Claim 1 is representative and recites:

1.  A method of restricting software operation within a license for use with a computer including
an erasable, non-volatile memory area of a…

Read More
2018 Unfavorable Software Patent Decisions -Alice Year in Review (Software Patents)

Though we had a couple of positive decisions for software patents in 2018, we also had many negative decisions.  The pendulum has not yet swung firmly into pro-software patent territory.  Software patents were found to be non-statutory in the following 2018 Federal Circuit decisions:

Move v. Real Estate Alliance
The following is a representative claim of a software patent that was found to be abstract without covering more than the use of a computer for a conventional business purpose:

1. A method using a computer for locating available real estate properties comprising the
steps of:
a) creating a database of the available real estate properties;
b) displaying a map of a desired geographic area;
c) selecting a first area having boundaries within the geographic area;
d) zooming in on the first area of the…

Read More
Berkheimer v. HP, Federal Circuit 2018 (Software Patents)

Mr. Berheimer sued HP.  HP moved for summary judgment that claims 1–7 and 9 of U.S. Patent No. 7,447,713 are patent ineligible under 35 U.S.C. § 101, and the district court granted the motion.

The patent relates to digitally processing and archiving files in a digital asset management system.  The system parses files into multiple objects and tags the objects to create relationships between them. These objects are analyzed and compared, either manually or automatically, to archived objects to determine whether variations exist based on predetermined standards and rules. This system eliminates redundant storage of common text and graphical elements, which improves system operating efficiency and reduces storage costs. The relationships between the objects within the archive allow a user to…

Read More
Core Wireless Licensing v. LG Electronics Mobilecomm, Federal Circuit 2018 (Software Patents)

In this case, LG Electronics appealed from a district court decision denying summary judgement that claims 8 and 9 of a software patent, No. 8,713,476 and claims 11 and 13 of another software patent, No. 8,434,020 are directed to patent ineligible subject matter under 35 U.S.C. § 101.

The patents disclose improved display interfaces for electronic devices with small screens like mobile telephones. An application summary window is displayed while a software application is in an unlaunched state.

Claims 8 and 9 of the ’476 software patent depend from claim 1, which recites:
1. A computing device comprising a display screen, the computing device being configured to display on the screen a menu listing one or more applications, and additionally being configured…

Read More
Finjan Inc., v. Blue Coat Systems, Inc., Federal Circuit 2018 (Software Patents)

Finjan brought suit against Blue Coat for infringement of software patents directed to identifying and protecting against malware.  One of the software patents is directed to a method of providing computer security by scanning a downloadable and attaching the results of that scan to the downloadable itself in the form of a “security profile.”

Claim 1 of the patent reads:

1. A method comprising:

  • receiving by an inspector a Downloadable;
  • generating by the inspector a first Downloadable security profile that identifies suspicious code in the received Downloadable; and
  • linking by the inspector the first Downloadable security profile to the Downloadable before a web server makes the Downloadable available to web clients.

The parties agreed that “Downloadable” should be construed to mean “an executable…

Read More
Smart Systems Innovations v. Chicago Transit Authority, Federal Circuit 2017 (Software Patents)

The software patents in this case relate to inventions designed to allow riders to access mass transit by using existing bankcards, such as debit and credit cards, without the need for first buying dedicated fare-cards, paper tickets, or tokens.  The District Court had held that the patent claims are directed to an abstract idea and otherwise lack an inventive concept, such that they are patent ineligible under 35 U.S.C. § 101.On appeal, the Federal Circuit noted that they needed to use the framework set forth in the Supreme Court’s decision in Alice Corp. Pty Ltd. v. CLS Bank International. A patent claim falls outside § 101 where (1) it is “directed to” a patent-ineligible concept, i.e., a law of…

Read More
Visual Memory LLC v. NVIDIA Corp., Federal Circuit 2017 (Software Patents)

This case concerned an appeal from a district court case which held that Visual Memory’s U.S. Patent No. 5.953,740 was drawn to patent-ineligible subject matter.

The patent teaches that computer systems frequently use a three-tiered memory hierarchy to enhance performance. The three tiers include: 1) a low-cost, low speed memory, such as a magnetic disk, for bulk storage of data; 2) a medium-speed memory that serves as the main memory; and 3) an expensive, high-speed memory that acts as a processor cache memory. Because the cache memory is the most expensive, it is typically smaller than the main memory and cannot always store all the data required by the processor. The memory hierarchy alleviates the limitations imposed by the cache’s size…

Read More
Thales Visionix Inc. v. United States, Federal Circuit 2017 (Software Patents)

Thales Visionix Inc. appealed from a Claims Court judgment that most claims of its U.S. Patent No. 6,474,159 were directed to patent-ineligible subject matter.

The patent discloses an inertial tracking system for tracking the motion of an object relative to a moving reference frame. Inertial sensors, such as accelerometers and gyroscopes, measure the specific forces associated with changes in a sensor’s position and orientation relative to a known starting position. Such sensors are used in a wide variety of applications, including aircraft navigation and virtual reality simulations. When mounted on a moving object, inertial sensors can calculate the position, orientation, and velocity of the object in 3-dimensional space, based on a specified starting point, without the need for any other…

Read More
Trading Technologies International Inc., v. CQG, Inc., Federal Circuit 2017 (non-precedential) (software patents)

This decision should be very interesting to software developers who want software patents on unique graphical user interfaces. The decision is non-precedential, but can be cited to the U.S. Patent and Trademark Office when the facts in a patent application uniquely match those in this case. Up until this case, and after Alice, the Federal Circuit had consistently found the claims to user interfaces patent-ineligible, reasoning that generically claimed user interfaces that merely present information that had been collected and analyzed are ineligible.

Trading Technologies International, Inc. charged CQG with infringement of U.S. Patent Nos. 6,772,132 and 6,766,304.  CQG appealed the decision of the district court that the patents recite patent-eligible subject matter.

The software patents describe and claim a method and…

Read More