Washington DC
06 January 2017
Reporter: Barney Dixon
McRO case denied en banc rehearing
Bandai Namco Games America has been denied an en banc rehearing in its cornerstone software patent case against McRO.

All regular active judges for the US Court of Appeals for the Federal Circuit heard the petition and issued their response at the end of 2016.

Mark Raskin, partner at Mishcon de Reya, who is serving as trial counsel in the case, said: “We’re very excited that the entire Federal Circuit has recognised the technical innovations of our client’s inventions and the California cases will now proceed, hopefully expeditiously.”

The McRO case drew a lot of attention with its interpretation of the landmark Alice v CLS Bank decision.

In September 2016, the Federal Circuit overturned the US District Court’s decision in McRO that the software patent claims at issue were directed to an abstract idea and therefore not eligible for patent protection.

The district court had said that the claims were too broad and limited to a specific set of rules and as such, were abstract ideas.

But the Federal Circuit warned that the district court might have oversimplified the claims.

In November, the US Patent and Trademark office (USPTO) released new guidance in light of the McRO decision.

It used McRO as a basis for extended patent prosecution advice, stating: “Examiners should consider the claim as a whole under ... the USPTO’s subject matter eligibility guidance, and should not overgeneralise the claim or simplify it into its ‘gist’ or core principles, when identifying a concept as a judicial exception.”

“An ‘improvement in computer-related technology’ is not limited to improvements in the operation of a computer or a computer network per se, but may also be claimed as a set of ‘rules’ (basically mathematical relationships) that improve computer-related technology by allowing computer performance of a function not previously performable by a computer.”

More Patents news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
European Commission to investigate Qualcomm
13 June 2017 | Brussels | Reporter: Barney Dixon
Qualcomm is under investigation over competition concerns about its proposed acquisition of semiconductor rival NXP
Michelle Lee resigns as USPTO director
07 June 2017 | Washington DC | Reporter: Barney Dixon
Michelle Lee notified staff that she would be standing down from her post, but offered no reason for her sudden departure
Uber fires Levandowski
31 May 2017 | California | Reporter: Barney Dixon
Uber has fired key executive Anthony Levandowski after he failed to cooperate in a trade secret dispute with Alphabet’s Waymo
Nokia and Apple settle new dispute
24 May 2017 | California | Reporter: Mark Dugdale
The settlement puts a stop to litigation that spanned the US and Germany and saw Apple claim in federal court that the Finnish company conspired with patent licensing companies to unlawfully extract royalties
Uber-Waymo dispute referred for criminal investigation
11 May 2017 | California | Reporter: Barney Dixon
Judge William Alsup said the evidence against Waymo was the strongest he’d seen in 42 years
AST launches IP3 2017
02 May 2017 | New Jersey | Reporter: Barney Dixon
The 2017 programme will target specific technologies, including the internet of things, content delivery systems and networking
WiLAN diversifies in wake of patent licensing challenges
20 April 2017 | Ottawa | Reporter: Mark Dugdale
WiLAN is acquiring an internet of things company for $47.4 million as it looks to diversify away from its core patent licensing business