Articles about Patent Law


AI software should be able to register its own patents, law prof argues

The legal system may need to be changed to allow artificially intelligent computing systems to file their own patents, rather than their operators stealing all the glory. In a paper [PDF] titled I Think, Therefore I Invent: Creative Computers and the Future of Patent Law and published in the Boston College Law Review, Ryan …
Iain Thomson, 17 Oct 2016

Cheer up Samsung! You might get back $400m for copying the iPhone

Samsung received good news of a sort on Tuesday, when the Supreme Court heard arguments for why Apple should reimburse the company $399m. In the latest round of a four-year fight, Samsung told the Supremes that it was unfair to be forced to pay back all the profits it made from smartphones that a court decided back in 2012 had …
Kieren McCarthy, 11 Oct 2016

Time to re-file your patents and trademarks, Britain

Brexit Businesses will likely need to re-file their patents and trademarks in the UK following the Brexit vote, leading intellectual property lawyers have warned. The decision to leave the European Union puts a big question mark over "automatic EU-wide IP protection," says patent law specialist Iain Connor of Pinsent Masons, writing …
Kieren McCarthy, 24 Jun 2016

Troll seeks toll because iPhones work

Apple, your iPhones are making phone calls so we're suing you: that's the substance of the latest round of patent-trolling attempt against Cupertino. The patent accumulator in the case is Texas-based Corydoras Technologies (its filing explains that it's a subsidiary of Japanese company Anubias Technologies). Its sueball …
Spritam 3D printed pills

Brexit: Leaving the EU could trigger UK science patent law rejig

Opinion Some aspects of patent law of relevance to life sciences companies could come back under the control of UK law makers if the UK votes to leave the EU. The UK market could be effectively closed to parallel imports and, by the adoption of appropriate legislation, the UK could remove uncertainty and encourage investment in the …
OUT-LAW.COM, 05 Apr 2016

US Supremes to hear Samsung's gripes about the patent system after Apple billed it $550m

It's a busy week for Apple, with the company showing off new products this morning and a court showdown with the FBI tomorrow. Now the US Supreme Court has just added more to the workload with Case 15‑77 [PDF]. In December, Samsung appealed to the Supremes in its long-running patent squabble with Apple over the design of its …
Iain Thomson, 21 Mar 2016
management governance2

IT system lets biz opt out loads of EU patents from Unified Patent Court at once

Companies will be able to opt out an "unlimited" number of their EU patents from the jurisdiction of the new Unified Patent Court (UPC) at one time, it has been learned. Mark Craddock, a member of the IT team behind the new UPC case management system, told that the UPC case management system will feature "a basket …
OUT-LAW.COM, 10 Mar 2016
Samsung Galaxy S6

Samsung appeals to Supreme Court to bring patent law into 21st century

Samsung has appealed to the Supreme Court to hear its patent case against Apple. The appeal [PDF] was expected when Samsung lost the case in 2012, and an appeal this May, and was told to pay the iPhone maker just under $1bn in compensation. The case revolved around the fact that Samsung's smartphones were strikingly similar …
Kieren McCarthy, 15 Dec 2015

Apple spared from paying a day's revenue in patent damages bout

Apple will not have to cough up the $533m (£347.61m) in damages it was on the hook for after losing a patent infringement battle. Judge Rodney Gilstrap of the Texas US Eastern District Court said the jury in an iTunes software patent trial was wrong to come up with the nine-digit sum. He said the figure should be reconsidered …
Shaun Nichols, 08 Jul 2015
Patent for a saluting hat

Even Uncle Sam admits: US patent law is whack

The US Federal Trade Commission (FTC) is calling on the Patent and Trademark Office (PTO) to overhaul its rules on licensing intellectual property. In an open letter [PDF] to the PTO, the FTC called on its fellow organization to simplify patent law. "Clearer patent notice can encourage market participants to collaborate, …
Shaun Nichols, 07 May 2015
Broke - empty pockets

Marvell: NO WAY should we have to pay jumbo $1.54bn patent judgment

Fabless semiconductor firm Marvell has fired the opening volley in its appeal of the record-breaking $1.5bn judgment against it in its ongoing patent dispute with Carnegie Mellon University (CMU). "No patent infringement judgment for more than a billion dollars has ever received this Court's imprimatur, and the $1.535 billion …
Neil McAllister, 13 Aug 2014

Will the next US-EU trade pact prevent Brussels acting against US tech giants?

The European Union government in recent years has proven to be perhaps the most willing to take on the world's major tech companies over digital rights and wrongs. But that could come to an end if planned measures allowing companies to sue governments for lost profits are implemented as part of the next EU-US trade agreement. …
Jennifer Baker, 18 Jul 2014

The Internet of Things helps insurance firms reward, punish

Solid The more the Internet of Things knows about you, the more that insurance companies are able to slurp that data and incentivize you to walk the straight and narrow. "You know the way that advertising turned out to be the native business model for the internet? I think that insurance is going to be the native business model for …
Rik Myslewski, 23 May 2014

Senate decides patent reform is just too much work, waves white flag

The US Senate has decided to call off its efforts to rid the US legal system of patent trolls, tabling proposed legislation to overhaul patent law. Senator Patrick Leahy said on Wednesday that he would remove proposed patent legislation from the Senate Judiciary Committee agenda, effectively killing any effort by the Senate to …
Shaun Nichols, 21 May 2014

US negotiators in Singapore to unblock TPP negotiations

America's free trade tourists have returned to Singapore on yet another attempt to unlock stalled talks over the Trans Pacific Partnership treaty. Hailed by business and government alike, the 12-nation treaty has been criticised on various grounds: the secrecy of its proposed text, the lack of consultation in many countries, …
management regulation2

SCOTUS asked to overturn patent-troll's charter

The tech world – and plenty of others, The Register suspects – is waiting with a little trepidation to hear the outcome of a patent battle between Akamai and Limelight Networks that's currently occupying the brainspace of the US Supreme Court. Arguments have been heard in the case, which combines some of the most entertaining …
Money FU

Cisco coughs up to patent troll, smacks down IP laws

Cisco has announced that its long-running battle with patent troll Innovatio is over, with the licensing outfit accepting $US2.7 million to settle the case. The deal includes Netgear and Motorola devices. As noted by Cisco's Mark Chandler in this blog post, the settlement amounts to 3.2 cents for each of 85 million WiFi device …

Bored with patent trolls? Small fry - prepare for the Design Trolls

Changes to UK patent and design law affecting thousands of British businesses have been criticised by industry and Labour's front bench business team. The Intellectual Property Bill contains changes to design and patent law proposed in the so-called Google Review, better known as "The Independent Review of IP and Growth” by …
Andrew Orlowski, 23 Jan 2014

How to kill trolls and influence Apple people: A patent solution

Having decided that the patent problem is an attempt to solve a public goods problem, as we did in part 1, let's have a look at the specific ways that we put our oar into those perfect and competitive free markets. It's worth just noting that patents and copyright are not, absolutely not, the product of some fevered free …
Tim Worstall, 06 Jan 2014
Image two from the patent document

Scores of profs give hated US patent law an F minus, demand massive rewrite

A group of 60 or so US law professors have publicly backed an effort to overhaul the US patent system. The brainy gang, who signed a letter published by the Electronic Frontier Foundation, asks lawmakers to step up efforts to reform patent law and the system for which patent holders can file suit for allegations of infringement …
Shaun Nichols, 26 Nov 2013
apple with ladybird

Patent law? It's all about Apples, Newton and iPads

Part 1 of 2 As regular readers will know, I'm about as froth-mouthed free market as it is possible to get without descending into Randian lunacy. Yet even I support government interventions into the economy at times: it's only the times and methods used that are to be argued about. A case in point is the existence of the patent system. I' …
Tim Worstall, 19 Nov 2013

Fearless slayer of lawsuit-lovin' patent trolls steps forward from shadows

After years of inaction on patent law, a new bill has been introduced to the House of Representatives that could curb the scourge of patent trolls that is costing American businesses billions every year. The Innovation Act [PDF, summary] was put forward by House Judiciary Committee chairman Bob Goodlatte (R-VA). The draft law …
Iain Thomson, 23 Oct 2013
The Register breaking news

Kiwis (finally) confirm software ban under new patent law

It's taken five years, but New Zealand's parliament has finally passed its long-awaited patent reform, which among other things makes it clear that a bit of code isn't enough to attract patent protection. The tortuous history of the new Patents Bill has seen IT companies lobbying on both sides of the debate. Local kiwi firms …

US Supremes: Human genes can't be patented

In a welcome display of patent-law sanity, the US Supreme Court has unanimously ruled that human genes can't be patented. "We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," wrote Justice Clarence Thomas, who authored the court's decision. The …
Rik Myslewski, 13 Jun 2013

US Senator introduces 'Patent Abuse Reduction Act'

US Senator John Cornyn, who represents Texas, has introduced the “Patent Abuse Reduction Act of 2013”. Cornyn says the Bill (PDF, brace for legalese) is intended to have the following effects: “This bill would require plaintiffs to disclose the substance of their claim and reveal their identities when they file their lawsuit; …
Simon Sharwood, 24 May 2013
The Register breaking news

Ban Samsung sales in the US? Sorry, Apple: Tech titans say 'No'

A group of technology companies led by Google has asked permission to let their collective opinion be known in the long-running patent dispute between Apple and its South Korean rival, Samsung. The group, consisting of Google, HTC, Rackspace, Red Hat, and SAP, filed a motion with the US District Court of Northern California on …
Neil McAllister, 09 May 2013

New Zealand to bar software patents, again

The software patentability row in New Zealand, which broke out last August over the wording of new patent legislation, seems to have been settled with the release of new legislation by the government. In a move that's been welcomed locally by the IT industry, the government has clarified the original intention of the legislation …
The Register breaking news

German court says nein to Apple's slide-to-unlock patent

Apple's slide-to-unlock patent has been ruled invalid by a German court because it's not really an "innovation" in the eyes of European patent law. The Bundespatentgericht (federal patent court) in Munich ruled that the famous patent is invalid because European law doesn't allow for the patenting of software that doesn't …
The Register breaking news

Tech titans: Give it a rest with the SEP injunctions, wouldja? - economists

Standard-essential patent owners should be required to try to settle licensing disputes out of court in a bid to restrict the affects of litigation on market innovation, three prominent economists have said. In a paper for the Competition Policy International (CPI) think tank, Kai-Uwe Kühn, Howard Shelanski and Fiona Scott …
OUT-LAW.COM, 08 Mar 2013
The Register breaking news

Bill Gates: 'Microsoft didn't MISS cell phone' bandwagon

Quotw This was the week when US President Barack Obama let everyone know that Google Hangouts are a thing! POTUS indulged in a little "Fireside Hangout" to chat about issues raised in his earlier State of the Union address. When asked about software patents and the patent snarking that goes on, Obama came down hard on patent trolls, …
The Register breaking news

You can help fix patent laws … now!

While Barack Obama frets about patent law and trolls attack even helpful government e-health initiatives, IP experts around the world are quietly working on something that might just help: a survey! Not just any survey, mind. This one was created by Tegernsee Experts Group, an entity composed of representatives from patent …
Simon Sharwood, 19 Feb 2013
The Register breaking news

Oracle wants another go at Google over Android Java copyrights

Oracle has asked a US Federal Circuit Appeals Court to overturn an earlier decision in the database giant's billion-dollar intellectual property lawsuit against Google, with an audacious brief that compares Google's use of Java in its Android smartphone OS to an author selling counterfeit Harry Potter books. Oracle's appeal …
Neil McAllister, 13 Feb 2013
The Register breaking news

Dotcom titan funds 'Mark Cuban Chair To Eliminate Stupid Patents'

It's not like there's not enough money in the sector. Patent lawyers have been the main beneficiary of the global lawsuits created by the world's richest tech companies suing each other over patents such as "pinch to zoom", page scrolling and round-cornered rectangles. But that's why the reform of patent law has become a …
Anna Leach, 20 Dec 2012

US patent office prepares to kill off Apple's bounce-back patent

The US Patent Office (USPTO) appears to have provisionally invalidated one of the major patents that Apple was using against Samsung... And it's possible that large parts of the case will go “kablooie” as a result. Given that it's not Friday afternoon yet, everyone will remember that the Cupertinians were most insistent that …
Tim Worstall, 23 Oct 2012
The Register breaking news

Apple ordered to open its books on iPhone, iPad profits

The judge in the ongoing Apple versus Samsung patent trial has ruled that Cupertino must disclose financial information on the profitability of its iPad and iPhone lines so that proper damages can be assessed. Apple won the initial stage of its trial against Samsung over the Korean manufacturer's infringement of Cupertino's …
Iain Thomson, 18 Oct 2012
The Register breaking news

UN locks Apple, Google, Microsoft in a room for patent peace summit

Tech titans including Apple, Nokia, Google and Microsoft will today argue the toss at a UN confab on whether patent law is stifling innovation. The International Telecommunications Union (ITU) arranged the get-together to assess the effectiveness of allowing companies to sort out the licensing of patents crucial to building …
The Register breaking news

Samsung claims Apple jury foreman LIED to get REVENGE

Samsung has filed a new, unredacted version of its motion requesting a new trial in its $1bn patent dispute with Apple, revealing allegations that the jury foreman in the original trial engaged in serious misconduct that prejudiced the verdict. Attorneys for the South Korean mobile maker originally filed the motion in …
Neil McAllister, 04 Oct 2012
The Register breaking news

Juries: The only reason ANYONE understands patent law AT ALL

Andrew's Mailbag Apple's recent mobile patent trial victory over Samsung has raised the spectre of justice being done behind closed doors by self-appointed elites. Today, it's the norm for juries to decide patent disputes. Jury trials oblige the parties to speak in plain language. And there's plenty of wiggle room for cantankerous citizens to …
Andrew Orlowski, 19 Sep 2012
The Register breaking news

Patent flame storm: Reg hack biteback in reader-pack sack attack

Andrew's Mailbag My piece on patents on Tuesday received a record number of votes of disapproval for a Reg article. I'm not in the least bit surprised. That's because in my analysis I advance an argument you don't hear very often in the tech world. Which is that the patent system gives us a huge social benefit. It's an irreplaceable component …
Andrew Orlowski, 03 Sep 2012
The Register breaking news

'This lawsuit is not about patents or money, it's about values'

Quotw This was the week when analysts, pundits, beancounters and opinion-holders of all stripes got to have their say on the Apple v Samsung patent verdict going the fruity firm's way. While Apple pushed hard to get Samsung mobes pulled from the shelves as soon as humanly possible, the Korean chaebol vowed to fight on and passed …
Punk-styled girl with piercing gazes at an apple

Apple: I love to hate, and hate to love thee

Open ... and Shut I want to hate Apple. The company takes the most egregious of Microsoft's monopolistic practices and raises them to an art form. It's aggressive litigiousness threatens to impede innovation in the mobile industry for years to come: innovation that isn't Apple's, that is. And Apple's lust for control makes it a very poor centre …
Matt Asay, 29 Aug 2012

Apple demands a quickie, aims its torpedo at 8 Samsung mobes

Apple is seeking quick bans on eight of Samsung's phones after beating the South Korean firm to a bloody pulp in its US patent super-trial. Yet legal experts are unsure the verdict can hold up. The fruity firm is wasting no time in seeking preliminary injunctions on Sammy mobes ahead of getting the permanent bans the jury …
The Register breaking news

'G-Cloud is nothing more than a suppliers' website'

Quotw This was the week when the US patent trial between Apple and Samsung was still happening and the pair of them were as snide as ever. Documents released in court revealed various tidbits about the companies and their ongoing tiff, including that the fruity firm offered Samsung a licensing deal at one point, though not a very …
The Register breaking news

Will Samsung's patent court doc leak backfire spectacularly?

Analysis Samsung's decision to leak evidence banned from court could hand Apple an automatic win in the warring tech titans' patent trial. The South Korean giant had prepared slides to potentially prove its rival was wrong to claim Samsung had copied the iPhone design - but after the judge barred the evidence from being put before the …
The Register breaking news

Jury selection delays start of Apple/Samsung patent showdown

The jury has been picked for the forthcoming patent trial between Apple and Samsung to determine who has the rights to produce a rectangular fondleslab with rounded corners, among other things. Tomorrow three women and seven men will hear opening statements in the case in San Jose's federal court. Jury selection took all day as …
Iain Thomson, 30 Jul 2012
The Register breaking news

MPs: Unified EU patent court framework would hurt small biz

A new court framework that would rule on validity and infringement cases stemming from proposed new unitary patents in the EU would be "prohibitively expensive" for small UK businesses to use, a committee of MPs has said. In a report analysing plans for the development of a new unified patent court (UPC), the House of Commons …
OUT-LAW.COM, 09 May 2012
The Register breaking news

US Trade Rep criticises tech trade barriers in Oz, NZ

Australia and New Zealand have come under criticism from the Office of the United States Trade Representative (USTR) over a raft of tech issues. In its latest 420-page National Trade Estimate Report on Foreign Trade Barriers, the USTR expresses concerns at Australia’s National Broadband Network, and government concerns at …
The Register breaking news

iPad app that lets mute kids speak menaced by patent lawsuit

A company that makes specialist talking tablet computers for speech-disabled children has mounted a patent lawsuit which seems set to kill off an iPad app that does the same thing for a tenth of the price. The firm is making no commitment to provide replacement affordable software for consumer devices. Prentke Romich's …
Anna Leach, 03 Apr 2012

Apple snags blockbuster multi-touch patent

Apple was granted two dozen patents in the US Patent and Trademark Office's weekly patent-palooza, held each Tuesday, providing Cupertino's legal team with a new cache of ammunition to be fired up in future patent wars. Snuggled in amongst Tuesday's hoard is a patent entitled "Multipoint touchscreen" that could potentially be …
Rik Myslewski, 29 Feb 2012
The Register breaking news

IPO: Patent laws must change to attract Big Pharma to UK

The government is likely to change patent laws because some pharmaceutical companies are at risk of breaking patent law when carrying out clinical testing, the Intellectual Property Office (IPO) has said. The IPO said that three-quarters of respondents to its recent consultation on patent infringement in pharmaceutical …
OUT-LAW.COM, 06 Dec 2011