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Full-Text Articles in Law
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Daniel Harris Brean
The United States is obligated under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) treaty to make patent rights available and enjoyable without discrimination as to the “field of technology” of the invention. No specific areas of technology may be singled out for unjustified special treatment. Yet the United States is doing just that with respect to computer-implemented business methods. Doctrinally, such methods are subject to an especially high bar for patentability. Statutorily, patents on such methods may be challenged in invalidity proceedings that are exclusively available for so-called “covered business method patents.” The law seems to reflect a skepticism …
Casting Aspersions In Patent Trials, Daniel Harris Brean, Bryan P. Clark
Casting Aspersions In Patent Trials, Daniel Harris Brean, Bryan P. Clark
Daniel Harris Brean
Bad actors in patent litigation can face serious consequences. Infringers who are found to “willfully” infringe may be subject to trebled damages. Patentees who assert weak claims in bad faith can be ordered to pay the defendant’s attorneys’ fees. These remedies are of such importance to the patent system today that the Supreme Court reinvigorated both of the respective doctrines in back-to-back landmark decisions in 2014 (Octane Fitness) and 2016 (Halo Electronics).
Those decisions have helped district courts more effectively punish and deter misconduct. But the Supreme Court neglected to address a critical part of these …