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LQ PatentCast: ZeroClick, LLC v. Apple Inc.

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Manage episode 220241586 series 1211583
Content provided by Thompson Patent Law Offices PC and Craige Thompson. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Thompson Patent Law Offices PC and Craige Thompson or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Although?ZeroClick's?finger gesture patents were?temporarily brought back to life on appeal, Apple has ample avenues to kill it off permanently on remand back to the trial court in?the Northern District of California. ?The?patent, which was?drafted pro se by a doctor who wanted to improve the patient charting process?without having to click on a pointer, was not invalid on the ground that it should be interpreted in means plus function form (if it were so interpreted, it would likely have stayed dead). ?Apple does not appear worried. ?Apple?appears to have simply used the opportunity on a relatively weak patent to try to undermine a huge swath of all software patents that might have been subject to means plus function rules. ?Had Apple been successful, many more software patents would have been put on life support. ?However, the Federal Circuit reversed Apple's win below, and the result is that software patent claims are more likely to survive if they recite terms?like "User Interface Code" or "Program Code," which?makes?them more likely to be considered sufficiently definite structure (like "circuit" is for hardware), and?less likely to fall under the more challenging means plus function rules.

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82 episodes

Artwork
iconShare
 
Manage episode 220241586 series 1211583
Content provided by Thompson Patent Law Offices PC and Craige Thompson. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Thompson Patent Law Offices PC and Craige Thompson or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Although?ZeroClick's?finger gesture patents were?temporarily brought back to life on appeal, Apple has ample avenues to kill it off permanently on remand back to the trial court in?the Northern District of California. ?The?patent, which was?drafted pro se by a doctor who wanted to improve the patient charting process?without having to click on a pointer, was not invalid on the ground that it should be interpreted in means plus function form (if it were so interpreted, it would likely have stayed dead). ?Apple does not appear worried. ?Apple?appears to have simply used the opportunity on a relatively weak patent to try to undermine a huge swath of all software patents that might have been subject to means plus function rules. ?Had Apple been successful, many more software patents would have been put on life support. ?However, the Federal Circuit reversed Apple's win below, and the result is that software patent claims are more likely to survive if they recite terms?like "User Interface Code" or "Program Code," which?makes?them more likely to be considered sufficiently definite structure (like "circuit" is for hardware), and?less likely to fall under the more challenging means plus function rules.

  continue reading

82 episodes

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