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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

Credit:

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

Speaker Panel:

James J. DeCarlo, Shareholder
Greenberg Traurig LLP

Orlando Lopez, Partner
Culhane Meadows Haughian & Walsh PLLC

Gene M. Garner II, Partner
Staas & Halsey LLP

Agenda:

SEGMENT 1:

James J. DeCarloShareholder

Greenberg Traurig LLP

  1. Overview of Alice Case Law
  2. Guidance to Take From Key Federal Circuit Decisions
  3. Current State of Appellate Review
  4. How to Navigate the Latest Case Currents

SEGMENT 2:

Orlando LopezPartner

Culhane Meadows Haughian & Walsh PLLC

  1. The state of “Patentable subject matter”- USPTO patent examination outcomes, PTAB decisions, Board decisions
  2. Case most often used- or cited- Electric Power (see SAP America v. Investpic, citing Electric Power)
  3. What the cases and PTAB decisions imply in terms of drafting claims and specification
  4. Use of the suggestion for drafting claims and specification in District Court

SEGMENT 3:

Gene M. Garner IIPartner

Staas & Halsey LLP

  1. Patentability of computer software relies on Alice/Mayo test of whether a claim integrates the software into a practical application or recites significantly more
  2. Detectability of infringement should also be considered
  3. Consider how to draft claims to a single infringer in distributed computing such as the cloud
  4. Computer software is involved in many industries

Date & Time:

Wednesday, November 18, 2020

3:00 pm to 5:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Patent Lawyers and Consultants
  • Corporate Counsel
  • Chief Technology Officers
  • Chief Information Officers
  • Technology Firms
  • Software Companies

SPEAKERS

James J. DeCarloShareholder
Greenberg Traurig LLP
Orlando LopezPartner
Culhane Meadows Haughian & Walsh PLLC
Gene M. Garner IIPartner
Staas & Halsey LLP

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