Parable Of A Patent Troll And Its Prodigal Software Patent
By Rachael Wallace, Cozen O'Connor LLP ( December 15, 2016, 9:22 AM EST) -- Intellectual Ventures recently filed for a rehearing en banc in Intellectual Ventures LLC v. Symantec Corp. and Trend Micro Inc. for a decision made in the U. S. Court of Appeals for the Federal Circuit that invalidated three of its software patents. The variety of patents at issue, colloquially dubbed the "Do-It-On-A-Computer" patent, have been increasingly invalidated after the U. S. Supreme Court's decision in Alice Corp. v. CLS Bank International. The invalidation of the patents came as no surprise to most in the industry, but a notable concurrence has turned heads. The concurrence has the potential to end claims for software patent infringement altogether. The impact, particularly for the so-called "patent trolls," could be fatal. In reasoning that a rehearing en banc is warranted, Intellectual Ventures' petition cites, in part, Judge Haldane Robert Mayer's "concurrence that openly revolts against the more careful efforts of this Court to prevent Section 101 from swallowing all software patents. "[1]. . .
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