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The Software Patent Problem: Mechanisms To Improve Software Patent Usability, Steven Wright
The Software Patent Problem: Mechanisms To Improve Software Patent Usability, Steven Wright
Steven Wright
The recent rise of widespread software patent application and enforcement has tracked the increasingly pervasive industrial and commercial application of the technology through the business cycles. This rise has also been seen as a disruptive change in the legal regime by software professionals, and commercial enterprises that have neither by tradition or training been prepared to use software patents. This paper proposes four actions to improve the usability of software patents by the software professionals and commercial entities that are the intended beneficiaries of the Patent Act. Improvements in indexing schemes and analysis tools make the disclosures of patent prior …
Preserving Patent Licensor's Sso Commitments, Steven Wright
Preserving Patent Licensor's Sso Commitments, Steven Wright
Steven Wright
When a patent licensor enters bankruptcy, the bankruptcy trustee may attempt to reject the license as an executory contract or sell the patent. For the licensee of an essential patent to an industry standard this can be a devastating change in the terms of business. For a standards participant relying on a FRAND defense to patent infringement, the results may be even worse. If you consider the prevalence of families of patents issued by different national authorities on the same underlying technology, the potential litigation becomes even more complex. This article reviews recent developments in administrative actions and case law …