Two weeks ago the Supreme Court consented to the filing of amicus briefs in the Teva v. Sandoz case. This case will resolve the split in the Federal Circuit over the standard of review for patent claim construction. This is a good time to review the prior case law and the existing standard [...]
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Is software patentable? This simple question, despite over 40 years of judicial wrestling, remains unanswered. Many in the business world are hostile to software patents. After all, much of the vibrant software startup culture seems to operate just fine in an atmosphere of uncertainty. For example, just last month, Facebook acquired software startup [...]
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What Do You Think About Patent Subject Matter Eligibility?
On Friday, January 24th, JETLaw will host its symposium on patent-eligible subject matter, Patents 101: From Computer Code to Genetic Codes. (Details below.) Should courts care whether patented processes are implemented in software? Should software be considered unpatentable as an “algorithm”? Should any [...]
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