In a recent holding of Finjan Holdings, Inc., the Federal Circuit cited to another decision saying that they had previously concluded virus scanning is well-known, an abstract idea, and not patentable. However, after further review, the Finjan patent appeared to be claiming a method of operating differently than traditional virus scans that tagged as being previously-identified viruses. In doing so, the Federal Circuit characterized the Finjan family of patents as using a “behavior-based” approach as compared to a “code-matching” approach of ...
Continue Reading → ShareIn light of the Enfish, LLC v. Microsoft Corp. ruling by the Federal Circuit, the U.S. Patent and Trademark Office has updated its guidance to the Examiners. In it, Examiners are to consider that a claim “directed to an improvement to computer-related technology (e.g., computer functionality) is likely not similar to claims that have been previously identified as abstract by the courts.” The guidance also cautioned Examiners “against describing a claim at a high level of abstraction untethered from the ...
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