Roundtable: Are Software Patents Unconstitutional? Should These Patents Be Saved?Wednesday, October 19, 2016 | 6:00 p.m. - 8:00 p.m.
Program Fee: Free
Patents on software and computer applications have at various times over the last two decades been either championed or attacked by the legal and tech community. Recently, after their numbers significantly increased post-State Street Bank (Fed. Cir. 1998), the U.S. Supreme Court’s Bilski and Alice decisions reversed course and sounded what many thought to be the death knell for the vast majority, if not essentially all, software patents as claiming unpatentable subject matter. Now, as the post-Alice generation of software patents begin to emerge, a new challenge to their continued viability has received some judicial recognition and acceptance: that software patents are, in effect, unconstitutional, in violation of the First Amendment’s protection of free speech.
Are software patents indeed unconstitutional, and does/should this challenge represent a final blow to that beleaguered species of IP? Join us for a night of lively discussion, wine, and relaxed networking, with panelists at the forefront of advocating this latest theory why software patents should not exist.
Janet Linn, Chair, Roundtable Subcommittee
Eben Moglen, Professor, Columbia Law School & Founder, Software Freedom Law Center
Alex Abdo, Senior Staff Attorney, American Civil Liberties Union
John Petrsoric, Senior Counsel, Mishcon de Reya New York LLP
Michael Gulliford, Founder & Managing Principal, Soryn IP Group
Sponsoring Association Committee:
Patents Committee, Philip L. Hirschhorn, Chair