Share on Facebook
Share on Twitter
Share on LinkedIn
By J.D. Houvener
Patent Attorney and Founder

Hi everyone I’m JD Houvener your host of the bolt today’s show we’re Hugh the adventurer entrepreneur or business owner get your daily dose of inspiration to make the world a better place I’m so glad you made it here thank you for joining and happy Friday to all those listeners I’m excited to continue this is our last session talking about software patents and how they’ve been changing the world lately they are by far and away the most prevalent applications that are getting filed today and it’s pertinent that you know as an inventor you know as a business owner someone that’s moving the ball forward how software implant impacts intellectual property in your business today so in this last section we’re going to talk about it a very interesting case that was decided in 2018 yeah this year put down by the sea of the Supreme Court this is Atrix software versus green shades software right so this isn’t this is a decision that was it’s gonna be groundbreaking as we’ve discussed how a lot of the decisions that have come down lately about software for the past several years have been invalidating them right after the big CLS Bank and Alice case those cases said lucky this patent is not eligible and is no longer allowed in the system is not going to be something that the government is going to enforce as a valid patent against anyone infringing those claims which are no longer valid because it’s akin to an abstract idea the what’s being claimed is so abstract and amorphis that it’s hard to pin down or not going to enforce it what this says is that that very first evaluation before they see whether the claims are being infringed or not they do this assessment as we’ve been talking about to see whether it is an abstract idea and up until now until early this year 2018 the judges have been making this decision as a matter of law what that means is that the the jury doesn’t get to say that there’s very little evidence and the federal rules of procedure of Civil Procedure the the rule is 12 B 6 and this is a motion to dismiss this is Sigma these people don’t even have them think enough encase this based on our allegations you judge should be able make a ruling on this case without even looking at the evidence without opening it up to a juror and the courts of just this year said you know what this decision on patent eligibility is a matter of fact and when it’s a matter of fact versus a matter of law that’s a huge difference because no longer can the judge make a decision because they need to look at the facts and the fact-finder usually if it goes to trial would be at the request of the decision by the jury about a set of facts so that it’s gonna big win for inventors and those that have patent rights to not have to get squashed before they actually get their fair day in court so this has been a fun series for you about learning about software and how it impacts your life and your business please give us a call or put a comment below about what it means to you about this decision and all the other cases that we mentioned this week and of course give us a call or go to our email info at bold IP comm go for our website at bold patents com would be happy to talk with you I’m your host JD Houvener of the bold today show and everyone have a great weekend go big go bowl

[Music] hold at bowled IP calm

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at