Fed. Circ. Causes Power Shift In Software Patent Litigation
By Samir Mehta, Stinson Leonard Street LLP (November 23, 2016, 4:53 PM EST) -- On Nov. 21, the Federal Circuit issued a decision that significantly limits the power of the Patent Trial and Appeal Board to institute covered business method reviews. Along with other 2016 decisions, this decision further limits the power of defendants to challenge the validity of software patents. Because of the unique role that CBMs have played in helping defendants to challenge the validity of software patents under 35 U.S.C. § 101, the decision is an important one with major consequences for litigation of software patents. Most importantly, the decision will limit the volume of software patent cases that are eligible for CBMs. The case is Unwired Planet LLC v. Google Inc., case number 15-1812 in the Federal Circuit.[1] This article discusses this decision in the context of the ever-changing landscape of software patent litigation....
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