New and converging technology continue to push the bounds of what is patentable. Business method patents may be patent-eligible, but what separates a patentable method from a mere abstract idea or phenomenon of nature? How has Bilski and its progeny impacted your patent procurement and enforcement strategy? This panel will examine the debate between having a competitive advantage vs. the greater good and how the following issues are affecting your business:
- Did the Supreme Court provide sufficient guidance to lower courts on the appropriate test for patent-eligibility? Is the “machine or transformation” test appropriate for all technologies?
- The impact of Bilski on procurement and enforcement strategies:
- How to draft patent claims most likely to survive a § 101 challenge
- How the Supreme Court’s decision will impact litigation tactics
- How to draft patent claims most likely to survive a § 101 challenge
- The repercussions for innovation
- Revised approaches for protecting proprietary methods
Panelists:
- Paul Hunter, Vice Chair, Electronics Practice
- Steve Rizzi, Chair, China Practice
- James Smith, Associate GC & Chief IP Officer, Baxter Healthcare Corporation
- E. Earle Thompson, Chief Intellectual Property Counsel, SanDisk Corporation
- Mialeeka Williams, Counsel, The Coca-Cola Company
- Michael Whitehead, Chief Counsel, Intellectual Property, The Lincoln Electric Company
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