Is it really so difficult to enforce digital patents? I sat down with my patent litigator friend Thomas Gniadek and learned a lot about digital patent infringement.
Thomas shared several first-hand tips for how to prove that a software patent is infringed.
Topics we talked about:
- Software patent litigation in Germany: Does the strategy differ when software is involved?
- How can you prove that the digital patent is infringed?
- What happens when the infringing software runs outside of Germany (in the cloud)? And what if it’s hosted by a third party?
- What impact does the claim category have in a software patent litigation? Do you need the computer program claim, or is a method claim just fine?
- What about the upcoming unitary patent and the UPC? Will that add any helpful tools to your litigation toolbox specifically for software patents?
What’s your burning question about digital patent infringement?