Software Patent Litigation

Daniel W. McDonald, Merchant & Gould, P.C., Robert A. Kalinsky, Merchant & Gould, P.C., and William D. Schultz, Merchant & Gould, P.C.

6/27/2008
(Original Publish Date: 4/10/2006)

On one hand, Software patent litigation involves the same issues, more or less, that apply to any other kind of patent litigation. On the other hand, software patents present unique challenges with respect to virtually every issue in patent litigation. This paper identifies and addresses aspects of litigation issues that are unique to software patent litigation and issues which seem to arise more often in software patent litigation than in patent litigation in other technology areas.