Software Patents Post-Alice: Where Are We Now
Overview:
Since its enactment last 2014, the Supreme Court's Alice decision has continuously raised the bar for patent eligibility. Software innovation went up and it has significantly altered the patentability of software, business methods, and e-commerce technologies. In addition, software patent litigations have also changed dramatically.
With its range, it is expected that the Alice decision will continue to affect software patent eligibility and litigation. While it is currently improbable that the US Supreme Court will supersede its unanimous opinion, Congress has been actively considering legislation to overrule Alice. If passed, however, such legislation will still significantly impact software patent litigation.
In a LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the recent developments of software patents post-Alice. Speakers will offer an overview of the current implications and status of software patents after Alice. They will also present effective practices and strategies to overcome the general aftermath of the decision as well as what lies ahead of this evolving area of law.
Key Issues:
- Software Patents Post-Alice – A Lookback
- Most Notable Changes and Implications
- Current Status of Software Patents after Alice
- Potential Risks, Issues, and Challenges
- Best Practices and Strategies
- What Lies Ahead
Agenda:
James J. DeCarlo, Shareholder
Greenberg Traurig LLP
- Overview of Alice Case Law
- Guidance to Take From Key Federal Circuit Decisions
- Current State of Appellate Review
- How to Navigate the Latest Case Currents
Orlando Lopez, Partner
Culhane Meadows Haughian & Walsh PLLC
- The state of “Patentable subject matter”- USPTO patent examination outcomes, PTAB decisions, Board decisions
- Case most often used- or cited- Electric Power (see SAP America v. Investpic, citing Electric Power)
- What the cases and PTAB decisions imply in terms of drafting claims and specification
- Use of the suggestion for drafting claims and specification in District Court
Gene M. Garner II, Partner
Staas & Halsey LLP
- Patentability of computer software relies on Alice/Mayo test of whether a claim integrates the software into a practical application or recites significantly more
- Detectability of infringement should also be considered
- Consider how to draft claims to a single infringer in distributed computing such as the cloud
- Computer software is involved in many industries
Who Should Attend:
- Patent Lawyers and Consultants
- Corporate Counsel
- Chief Technology Officers
- Chief Information Officers
- Technology Firms
- Software Companies
A registered patent attorney and electrical engineer, Jim DeCarlo is actively involved in virtually all aspects of intellectual property counseling. …
Dr. Orlando Lopez concentrates on helping his clients, which range from individual inventors to large multinational corporations and universities, identify …
Gene M. Garner II is a partner with the Washington, D.C. law firm of Staas & Halsey LLP. He is …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
None
Course Code:
148437
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
About Staas & Halsey LLP
Specializing exclusively in intellectual property, Staas & Halsey LLP brings together technical and legal expertise in our commitment to provide quality legal representation. Since 1971, we have provided clients with technical expertise and intellectual property protection. In today’s fast-paced, competitive, and complex world, the field of intellectual property is more important than ever. We’re proud to have played a role in the development of today’s technologies and are excited about our work on the technologies of tomorrow. In the four decades the firm has been in business, we have seen incredible leaps in technological advancement, changes in the dynamic world of intellectual property law, and the creation of a truly global economy. The world has changed, and Staas & Halsey has changed with it, but our goal has always remained the same: serving our clients technical and legal needs with speed and experience, in the most cost-effective, professional manner possible.
Website: https://www.staasandhalsey.com/
About Greenberg Traurig LLP
Greenberg Traurig, LLP (GT) has approximately 2200 attorneys in 40 locations in the United States, Latin America, Europe, Asia, and the Middle East. With more than 210 intellectual property attorneys and agents in the United States, Asia, and Europe, GT provides a broad range of patent, trademark and copyright protection and strategic counseling. GT was named “Law Firm of the Year” for Trademark Law and a “National Tier 1” Law Firm for IP Litigation, Patent Law and Litigation, Copyright Law, and Technology Law by U.S. News and Best Lawyers, 2020 “Best Law Firms." Web: www.gtlaw.com Twitter: @GT_Law
Website: https://www.gtlaw.com/
About Culhane Meadows Haughian & Walsh PLLC
Established in 2013, Culhane Meadows has grown from a partnership of four former BigLaw attorneys to a firm of over 70 partners in 11 business markets serving a global roster of clients. Its Disruptive Law® business model ensures clients, from Fortune 1000 corporations to emerging companies across industry sectors, enjoy exceptional and highly-efficient legal services from highly experienced, partner-level attorneys. Now the largest, national, WBE-certified, general practice law firm, Culhane Meadows and its attorneys have been recognized for excellence and innovation by Best Lawyer, Super Lawyer Magazine, LAW.COM, Working Mother and US News & World Report, among others. The firm is a proud member of NAMWOLF, the National Association of Minority and Woman Owned Law Firms.
Website: https://www.culhanemeadows.com/