Defense Strategies In Billion-Dollar Software Copyright Cases

By Mark Schonfeld and Brooke Penrose (June 8, 2017, 4:04 PM EDT) -- In recent years, software developers and their attorneys have struggled to determine which form of intellectual property protection is best to protect their software. Patent protection was considered the most effective method of protection until the U.S. Supreme Court issued its 2014 ruling in Alice Corp. Pty. V. CLS Bank International, which substantially limited the patentability of software. Alice excluded from patent eligibility "abstract ideas" that are implemented using a computer. As a result, many software patents have been invalidated because they fail the test prescribed by Alice....

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