There are two cases being considered by some of the highest courts in America. These cases may change the context of patent law for many years to come. The most important case is In re Bilski, which will potentially clarify to what extent that a business method can qualify as being patentable. The Bilski case involves a business method that employs hedge funds to prevent against losses in commodity trading. Lawyers contend that computer software and software-implementation business models might be most affected by a change in the law.
The next case is that of In re Seagate Technology LLC, which has revised the test for “willful infringement.” While the standard test was an “affirmative duty to exercise due care to determine whether or not [one] is infringing,” the new much higher and more difficult to prove standard will require the use of “objective recklessness.”
If you would like more information on how these potential changes in patent law might affect you, feel free to contact the patent law specialists at the Williams Kherkher law firm by calling 866.950.9000.
0 responses so far ↓
There are no comments yet...Kick things off by filling out the form below.
Leave a Comment