Cracking the Code: Patent Law and Software

Overview

This seminar guides attorneys through patent law as it applies to software. Panelists review what software is and how it works, patentability and its exceptions, U.S. Supreme Court case law on software 'physicality,' and other issues in software patent litigation and infringement. It concludes with the state of software patents today and the outlook as AI tools like ChatGPT reshape software creation.

What you’ll learn

• ✓Explain patentability and its exceptions as applied to software
• ✓Analyze Supreme Court case law on software 'physicality'
• ✓Identify key issues in software patent litigation and infringement
• ✓Anticipate how AI affects software patenting going forward

Curriculum

1. 1. Cracking the Code: Attorney Guide to Patent Law and Software

   In this online seminar, our expert panelists begin by reviewing what software is and how it works, as well as introducing patentability and its exceptions. Next, our speakers review U.S. Supreme Court case law on the patentability of software “physicality” and highlight some of the key takeaways. Other issues when litigating software patents are then discussed. Our speakers then discuss infringement for software patent litigation and conclude with a discussion of the state of software patents today and the outlook going forward, especially with the rise of artificial intelligence. Topics covered in this webinar: Introduction to Software and Patents U.S. Supreme Court on Patentability of Software “Physicality” Other Issues When Litigating Software/Computing Patents Infringement and

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Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Gregory M. Sleet

Neutral, JAMS (Hon., Ret.)

JAMS

The Honorable Gregory M. Sleet (Ret.) is a neutral at JAMS who joined after serving 20 years on the United States District Court for the District of Delaware, including seven years as chief judge. On the bench he presided over roughly 6,400 civil cases, among them more than 2,000 patent cases, and authored over 1,200 opinions. Before his 1998 appointment he served as United States Attorney for the District of Delaware, as in-house counsel at Hercules Incorporated, and as a deputy attorney general for the State of Delaware.