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E. Patrick Ellisen
Greenberg Traurig LLP

Mr. Ellisen is a partner in Greenberg Traurig, LLP. His practice focuses on intellectual property and general commercial litigation, as well as intellectual property protection, counseling and enforcement. He has broad experience handling various types of intellectual property disputes, including patent infringement actions in the U.S. District Courts and before the U.S. International Trade Commission and has particular expertise in insurance coverage of intellectual property disputes.
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Intellectual Property Predictions and Tips for 2010

by E. Patrick Ellisen, Dec 31, 2009

Predictions for 2010?

On the enforcement front, the U.S. Supreme Court will announce its decision in the In Re Bilski case this Spring 2010, regarding the patentability of software and business methods. It seems likely the court will modify the present rules for patentability of software and business methods, while reaffirming the notion that software can constitute patent eligible subject matter.

“Defensive” patent pools will become more prominent and shift focus to offensive enforcement as investors seek liquidity. We will likely also see increased efforts by the financial community at securitizing those patent pools.

And, lastly, so-called “patent-troll” litigation filings will likely continue unabated, possibly even increasing in number and scope of cases.

My IP resolution or tip is for companies to prioritize on-going/consistent IP education at the C-suite and board level. This type of continual education about the IP function helps provide the link between companies’ IP and business strategies, and is becoming necessary for companies to meet the standard of care for oversight and management of their intellectual assets.

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