CUPP Computing v. Trend Micro: Federal Circuit Affirms Unpatentability in Power Management Security Case
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📋 Case Summary
| Case Name | CUPP Computing AS v. Trend Micro, Inc. |
| Case Number | 23-1495 (Fed. Cir.) |
| Court | Federal Circuit, Appeal from an underlying patentability determination |
| Duration | Feb 2023 - May 2025 2 years 3 months |
| Outcome | Defendant Win - Unpatentable |
| Patents at Issue | |
| Accused Products | Trend Micro's endpoint protection platforms |
Case Overview
The Parties
⚖️ Plaintiff
Norway-based technology company that develops security and computing solutions.
🛡️ Defendant
Multinational cybersecurity and defense company, a major player in endpoint security and cloud security solutions.
The Patent at Issue
The disputed intellectual property centered on U.S. Patent Application No. 16/601,466, which issued as **US10951632B2**. This patent claimed innovations in providing security services during power management modes.
- • US10951632B2 — Systems and methods for providing security services during power management mode
Designing a security feature?
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The Verdict & Legal Analysis
Outcome
The Federal Circuit **affirmed** the lower tribunal's determination that CUPP Computing's patent claims were unpatentable. This Rule 36 summary affirmance constitutes a complete victory for Trend Micro, with no damages and no ongoing enforcement rights.
Key Legal Issues
The invalidity finding likely stemmed from one of the following challenges, frequently encountered by software and cybersecurity patents:
- • **Section 101 abstract idea rejection** (patent-ineligible subject matter under Alice Corp. v. CLS Bank)
- • **Section 103 obviousness** over prior art references
- • **Section 112 written description or enablement deficiencies**
This case reinforces the critical importance of claim drafting that survives Section 101 and obviousness scrutiny.
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⚠️ Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in cybersecurity, particularly for software-implemented inventions. Choose your next step:
📋 Understand This Case's Impact
Learn about the specific risks and implications from this litigation for software security.
- View all related patents in cybersecurity
- See which companies are active in power management security
- Understand claim drafting pitfalls for software patents
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Section 101 Risks
Software claims without specific technical implementations
Substantial Prior Art
In power management security domain
Strategic Claim Drafting
Crucial for validity in software patents
✅ Key Takeaways
For Patent Attorneys
Rule 36 summary affirmances indicate Federal Circuit panels found no reversible error; evaluate appellate prospects realistically.
Search related Rule 36 cases →Cybersecurity patent claims must demonstrate specific technical improvements to computer functionality to survive Section 101 and Section 103 challenges.
Explore successful software claims →For R&D Teams
Power management security patents face substantial validity risks, potentially reducing FTO concerns for product development.
Start FTO analysis for my product →Independent development documentation and prior art awareness support both invalidity defenses and good-faith positions.
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