3 lessons on How to Patent Software Claims

Since the Supreme Court tightened the law for patenting software inventions in a case called Alice, businesses have been uncertain about the fate of software patents. In the years since Alice, the law has started to settle. In this PatentCast, Craige explains why Microsoft was unable to kill off software claims owned by Enfish, and he shares 3 valuable Litigation Quality Patent lessons and 3 business takeaways from Enfish decision by the Federal Circuit.

Software is patentable – we do it here at TPL all the time. But many software inventions die a slow, and painful death in the patent office. Many others are killed off in litigation – all due to a Supreme Court case called Alice. Alice shapes which software claims thrive, and which don’t survive. In today’s EPG case, Craige explores how to identify whether claims will survive Alice. Craige also offers some Litigation Quality Patent practice pointers – including “red flag” phrases that are symptoms of potentially weak claims.  

Businesses accused of patent infringement have some sophisticated strategies at their command. Conversely, patent owners must have litigation savvy counsel who knows how to think strategically (i.e., chess rather than checkers). In this PatentCast,™ Craige draws business and patent lessons involving an infringed capacitor patent.

On this episode of LQP Ask the Patent Attorney Craige answers this FAQ "Can I even get a patent on my idea?" 

In this episode of the Litigation Quality PatentCast Craige explains how Arctic Cat Successfully enforced and monetized its patent with a patent license to Honda and in litigation against BRP, the maker of an infringing “Sea-Doo” personal watercraft.

This case has 4 great business lessons involving how to

1) Overcome obviousness

2) Mark your products with your patent number

3) Get an on-going royalty and

4) Treble damages from the infringer!