In a long anticipated decision, the Supreme Court of the United States has held that Google’s copying of code of an Application Programming Interface (API) developed by Oracle is a fair use of that code. The Court held, 6-2, that Google only copied code “needed to allow programmers to put their accrued talents to work…

The Federal Circuit affirmed the invalidity based on indefiniteness under 35 USC § 112(b) of patent claims “directed to delivering software application packages to a client terminal in a network based on user demands.” Rain Computing, Inc. v . Samsung Electronics Co., LTD, 2020-1646, 2020-1656 (Fed. Cir. March 2, 2021) (precedential, opinion by Judge Moore,…

Can an e-commerce facilitator be liable for trademark infringement when the products they sell are designed by a third-party?  The Sixth Circuit says it depends on the degree of control the e-commerce facilitator has over manufacturing, quality, and delivery of product to consumers. Digital marketplaces such as Amazon and eBay are typically not liable for…

Can you succeed in an argument for obviousness by combining a skin cancer detection device with a device for creating made-to-measure clothing or custom avatar?  The Federal Circuit says yes. In a precedential opinion, the Federal Circuit reversed the decision of the Patent Trial and Appeal Board (PTAB), holding that a series of references related…

What is a computer, when recited in a patent claim? The Federal Circuit recently discussed whether a recitation of a “computer” in a claim was indefinite under 35 U.S.C. § 112 in light of conflicting interpretations by the patentee. Infinity Computer Prods., Inc. v. Oki Data Americas, Inc. 2020-1189 (Fed. Cir. Feb. 10, 2021). Plaintiff…

In denying a motion to dismiss for lack of patent-eligible subject matter under 35 U.S.C. § 101, a court determined that U.S. Patents 8,528,834 and 6,947,810, relating to using sensors and data for growing and automated monitoring of crops, specifically grapevines, were not directed toward abstract ideas and sufficiently stated an inventive concept to be…

In re: CSP Technologies (Fed. Cir., Jan. 21, 2021) is a nonprecedential opinion that nevertheless provides us with a good excuse to discuss In Re Keller, 642 F.2d 413 ( CCPA 1981) which is cited from time-to-time by Examiners during patent prosecution.  This case is an appeal of an ex parte PTAB decision for US…