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Karen McDaniel Discusses the Protection of Trademark Rights in Twin Cities Business

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October 5, 2018

In the Twin Cities Business article, “Five Attorneys Decipher Intellectual Property Law,” attorneys from local law firms discuss what the latest developments in patent and trademark law mean for Minnesota businesses. When asked if there a particular IP legal case outcome or dispute-resolution change that’s occurred recently that will have a major effect upon businesses, Briggs Shareholder Karen McDaniel shared, “About four years ago, a Supreme Court case, Alice Corp. v. CLS Bank, commonly known as Alice, called into question whether software could be patented, or whether software lacked patent eligibility because it was an abstract idea and therefore unpatentable. Following Alice, questions about patent subject-matter eligibility in other fields were raised, such as whether claims relating to certain business methods were patentable. District courts, which are charged with evaluating patent claims, jumped on the bandwagon, and industry experts estimated that more than 70 percent of claims relating to software were invalidated in the first two years after the Alice decision. Legal practitioners began to think of software patents as dead. Not only was the Patent Office rejecting proposed software claims in patent applications claims left and right, courts were dismissing lawsuits involving patent software immediately out of the gate for failure to state a legal claim. More recently, the pendulum has begun to shift.”

Read the full article here.