Decoding Software Patents: Navigating the Legal Landscape

As digital technologies increasingly drive our world, patents have become essential for protecting the intellectual property rights of the inventors of these widely adopted and rapidly evolving technologies. However, patenting software can present unique challenges, as the nature of software makes it difficult to define and subject to multiple interpretations. For attorneys working with software developers and businesses, it is crucial to have a deep understanding of patent law as it relates to software. To provide expert guidance on navigating this complex legal landscape, attorneys must also be aware and keep up to date with the potential impacts artificial intelligence will have on the creation of products and their patenting. This seminar will provide a valuable guide for attorneys helping their clients protect their software innovations and safeguard their businesses from potential legal disputes. This is becoming especially relevant with the rapid adoption of ChatGPT and other AI language models as of late 2022, as software developers are creating and supplementing their work with AI models. These developers and AI model creators may soon attempt to patent their work or collect some form of royalty, respectively, which can be expected to create legal conflicts.
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.

Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.

LAW & FORENSICS LLC – FOUNDER; JAMS – NEUTRAL; HARVARD – ADJUNCT;
Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.

Neutral | JAMS
Hon. Gregory M. Sleet (Ret.) joined JAMS after serving 20 years on the bench of the United States District Court for the District of Delaware, including seven years as Chief Judge. During Judge Sleet’s tenure on the District Court bench, he gained deep experience in a number of areas of complex commercial litigation, especially patent litigation involving pharmaceutical patents and a wide variety of other technologies. Judge Sleet presided over and resolved by pretrial ruling, trial, or settlement thousands of cases involving a wide variety of subject matter, including: intellectual property, antitrust, bankruptcy, class actions, business/commercial, pharmaceuticals and medical devices, products liability, and securities and tax. Judge Sleet focuses his national practice on mediations, arbitrations and neutral analysis (case evaluation, mock trial). Before taking the federal bench in 1998, Judge Sleet acquired varied experience in civil and criminal litigation and corporate legal work. He served as the United States Attorney for the District of Delaware, as in-house counsel in the legal department of Hercules Incorporated, and as deputy attorney general handling major civil cases for the State of Delaware .Prior to that, he practiced law in Philadelphia for 14 years, six of those as an assistant public defender with the Defender Association of Philadelphia. Judge Sleet is a frequent speaker on patent litigation. Select examples of speaking engagements include: RPX, the Rocky Mountain Intellectual Property and Technology Institute, the Sedona Conference, the USC Gould School of Law, the New York Intellectual Property Law Association’s (NYIPLA) symposium on patent litigation, the Practising Law Institute, and ACI.