The CAFC’s opinions for this week include one opinion relating to prosecution laches and inequitable conduct, and four opinions relating to procedural issues (personal jurisdiction, standing, sovereign immunity and new evidence) when reviewing a Board of Appeals and Interferences (BPAI) decision using 35 USC 145. The CAFC opinion relating to standing serves as a reminder of the importance of the language in an assignment. Read the rest of this entry »
Following the Federal Circuit Bilski decision, which instituted the machine or transformation test, Beaureguard claims, claims in which software is claimed in terms of a computer usable medium having computer readable code embodied therein, suffered a setback in Cybersource Corporation v. Retail Decisions Inc., a decision of the federal District Court for the Northern District of California.
After two weeks of not handing down precedential opinions, this week the CAFC provided us with a split decision on denial of en banc review, an opinion affirming a grant of a preliminary injunction, as well as an opinion presenting an example of the usefulness of “Beauregard” claims, which are claims in which software is claimed by claiming the storage medium having the computer code embodied therein.
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