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Full-Text Articles in Law
Patenting Cryptographic Technology, Greg Vetter
Patenting Cryptographic Technology, Greg Vetter
Chicago-Kent Law Review
The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Chicago-Kent Law Review
Recently the United States Court of Appeals for the Federal Circuit dramatically change the rules for proving willful patent infringement—and justifying enhanced damages—in In re Seagate Technology. A patentee alleging willful infringement must now first prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." He must then show that the objectively defined risk was "either known or so obvious that it should have been known to the accused infringer." The court expressly delegated substantive development of the new test to future cases. Because district …