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Lawsuits Surrounding Software Patents

Lawsuits Surrounding Software Patents

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…)

COTS Based Software Systems

COTS Based Software Systems

Developed software is released for public use in several different ways. Depending on its intended use by commercial entities or individuals, the creator of a software program may choose to license it for resale, offer it to the masses for free, or advertise it as an add-on feature for existing applications. Commercial-off-the-shelf software – usually abbreviated as COTS – specifically refers to software programs that are ready for immediate use. These products are generally made available for commercial use through a licensing agreement.

Most of the COTS-based software systems are created to be compatible with the commonly used operating systems such as Windows, Linux, or Mac. These programs include filing systems, memory management, game engines, graphic designs, smartphone apps, and special drivers for monitors and printers. (more…)

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