August 27, 2012

Richard Gilly recently published a byline article, "Joint Patent Infringement in Cloud Computing," in Law Technology News.

Richard discusses patent infringement litigation and the foresight needed in drafting patent claims to cover the many and varied computer architectures available both today and tomorrow. The patent claims need to focus on as few actors as possible or as few system components as possible to be more readily enforceable down the road. Additionally, using both system and method claims remains an advisable approach because the two types of claims may be regarded differently by the courts, depending on the accused infringer or the particular computer architecture claimed. Richard concludes that it remains prudent to adopt a claim program covering the invention through different techniques, so that the claims may remain viable in the face of the vicissitudes of claiming computer-related inventions in the 21st century.