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Software patent litigation presents complex issues for attorneys and companies to resolve. One of the leading issues involved in software patent disputes is that of patent infringement. Those who invent software programs aim to protect their inventions through patents. Holding a patent on an invention means that no one else may copy or profit from that invention.
Issues can also arise when individuals secure a patent that is overly broad for their software inventions. An overly broad patent may be invalid, and a court may decide not to uphold it.
Types of Claims in Software Patent Lawsuits
Courts typically defer to leading case precedent to determine the outcome of software patent lawsuits. Individuals may file claims under leading case precedent for software patent cases, such as a Beauregard claim. A Beauregard claim stems from the case of In re Beauregard, 53 F.3d 1583 (Fed. Cir. 1995). A Beauregard claim is asserted to prove that a manufacturer or seller of computer media, such as DVDs or CDs, is a direct infringer of a patent. (more…)