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]...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!