Unlocking revenue opportunities in software patent portfolios after Enfish
Following the recent Federal Circuit decision in Enfish, owners of idle software patent portfolios can efficiently identify patents which might produce revenue opportunities
Beginning with the Supreme Court’s 2006 eBay ruling – which restricted the availability of injunctive relief – court rulings and legislation in the United States have increased the challenges facing rights holders trying to obtain relief for patent infringement, including obviousness (KSR, 2007), damages (Cornell and its progeny, beginning in 2009), post-grant review (the America Invents Act, 2011), Section 101 (Alice, 2014) and indefiniteness (Nautilus, 2014). These challenges have had a corresponding chilling effect on rights holders’ willingness to invest in monetising their portfolios. Alice and its progeny have had a particularly significant effect on software patent monetisation due to the increased risk and uncertainty relating to patentability.
Want to read more?
Register to access two of our subscriber-only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the IAM experts
What our customers are saying
Your magazine is great; a timely and eminently worthwhile read.
Mark S Holmes
Chief executive officer
Subscribe to receive access to the full range of premium business intelligence, insights and analysis, as well as our IP directories, guides and daily news.