Monday Must-Reads

The big news of the day is the Alice Corp. v. CLS Bank oral arguments at 1 First Street NE.

Alice Corporation Pty. Ltd. v. CLS Bank International (via SCOTUSblog)

“Issue: Whether claims to computer-implemented inventions – including claims to systems and machines, processes, and items of manufacture – are directed to patent-eligible subject matter within the meaning of 35 U.S.C. § 101 as interpreted by this Court.”


Patent law’s deep questions and the government’s answers (SCOTUSblog)

the government thinks you can get a patent on an idea for making computers more awesome, but you cannot necessarily patent your idea for making the world more awesome just because it uses a computer.

Slowing the Patent Trolls (NYT Op-Ed by Robin Feldman, professor at the University of California Hastings College of the Law)

Abstract Ideas Don’t Deserve Patents (NYT Editorial Board)


Crowdfunding’s Impact on Start-Up IP Strategy (via SSRN)

The JOBS Act of 2012 required the SEC to promulgate rules providing a legal pathway for enterprise crowdfunding. Under the proposed rules, enterprise crowdfunding firms will become essentially “junior” reporting companies with significant public disclosure requirements. This Essay argues that such disclosures will negatively impact start-ups’ intellectual property (“IP”) portfolios.


How to Harm Investors (via NYT Editorial)

“Before Facebook paid $2 billion last week to buy Oculus VR, a virtual reality headset maker, 9,500 people donated $2.4 million via Kickstarter, the crowdfunding website, to get Oculus off the ground. Those early donors got thank-you notes, T-shirts or prototype headsets, but not a piece of the company. Donations through Kickstarter are just that, donations, not investments.”


The Godzilla of patent trolls attacks Google (via Salon)

“On Thursday, Rockstar, a consortium backed by Microsoft, Apple, Ericsson, RIM and Sony, filed a patent infringement lawsuit targeted directly at Google and Android.”


Patent war goes nuclear: Microsoft, Apple-owned “Rockstar” sues Google (via Ars Technica)

BlackBerry wins court order banning sales of Typo iPhone keyboard case (via The Verge)

“Judge William Orrick granted BlackBerry a preliminary injunction halting sales of the Typo. In the ruling, Orrick said that BlackBerry had “established a likelihood of proving that Typo infringes the patents at issue and Typo has not presented a substantial question of the validity of those patents.”