You have published and spoken widely on software and electronic patent protection. What are some of the most pressing challenges currently facing rights holders in this space?
The current patent environment in the United States distinctly favours large, innovative enterprises that are able to assert a substantial number of patents simultaneously. These large portfolios are more likely to be able to withstand serial reexamination attacks and extensive litigation. In contrast, small enterprise innovators are at a disadvantage given their limited patent portfolios and financial resources. Another challenge for software inventions is the unpredictability surrounding subject matter eligibility under the abstract idea doctrine. This is proving to be a barrier to effective software and electronic patent protection here in the United States.
Is the advent of the UPC and the unitary patent affecting global IP strategies, and what does this look like from the perspective of the United States?
The UPC is a major game changer. The path to success in the UPC looks to be much more efficient and less expensive than US litigation. In addition, the UPC is less vulnerable to being undermined by the anti-patent policy leanings that currently hold sway over the US patent system.
How do you ensure that clients receive a top-quality service while ensuring that all staff fulfil their potential?
Top-quality training and regular reviews ensure the best service for our clients. Further, by matching our attorneys’ workload to their best assets and capabilities, we can ensure that their full potential is reached.
What are some of the key metrics for a successful IP strategy?
There is nothing more important than issuing challenge-resistant patents that read on current or future competitors. Tracking this metric allows us to maintain a successful strategy and ensure that we remain up to date with IP trends.
How do you stay abreast of the latest developments in the fast-evolving tech space?
There is so much content and development in the tech space that no one can stay completely abreast of even one field within it. Schwegman has a experienced bench of attorneys across all technology spaces who pull together as a team to follow recent trends. They research niches in the market when the need arises, which allows them to stay informed and produce the highest quality of service for our clients.
Principal and Chief Innovation Officer
Steven W Lundberg is a registered patent attorney and a founding partner of Schwegman Lundberg & Woessner. He works with entrepreneurs, Fortune 100 companies and many in between, providing practical legal counselling and time-tested IP strategies. Mr Lundberg received his BSEE from the University of Minnesota and his law degree from William Mitchell College of Law. He has published and spoken widely on software and electronic patent protection.