- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
May 13, 2024Robins Kaplan, Robert Bennett Recognized in Elite Trial Lawyers Awards
-
April 29, 2024Robins Kaplan Mourns Death of New York Associate Waleed Abbasi
-
April 29, 2024Robins Kaplan Secures $7.75 Million Verdict in Aerosol Dust Remover Abuse Case
-
May 20, 2024The Present and Future of DEI
-
May 23, 202414th Annual Disability Justice Seminar
-
June 10-11, 20242024 Probate and Trust Law Section Conference
-
May 2024Q&A with Anthony Froio
-
April 30, 2024A World Without Non-Competes: Protecting Confidential Information and Trade Secrets Following the FTC's Ban
-
First QuarterGENERICally Speaking: A Hatch-Waxman Litigation Bulletin
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Unlocking Revenue Opportunities in Software Patent Portfolios after Enfish
February 1, 2017
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.
Originally published in Intellectual Asset Management, January/February 2017
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Related Professionals
Aaron R. Fahrenkrog
Partner
Anthony Schlehuber
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.