Some of the most controversial patents of recent years have been "business method" patents, such as when a company claims to have invented a particular way of doing business online. One example is a long-running case involving eBay and its Buy It Now feature, which a jury decided violated a patent held by a small company, MercExchange. (MercExchange disputes characterizations of its patent as a business method.) Business method patents already are difficult to get, says Marc Brown, a patent lawyer with McDermott Will & Emery, and this ruling will make them even more so. "They're going to be much more prone to attack," he says.
For business technology managers, high-stakes patent disputes can cripple the products they use, or influence what's available. In the RIM case, a tiny patent holding company, NTP, had a very real chance of getting RIM's BlackBerry network shut down over patent infringement, until RIM forked over $612.5 million. In Verizon v. Vonage, Vonage's existence is at risk, as a court ruled it violated Verizon's patent for connecting IP calls to conventional phone numbers.

The case, KSR v. Teleflex, addressed a core principle of patent law: whether an invention (in this case a type of adjustable brake pedal) is obvious and therefore not deserving of protection. In a unanimous decision, the Supreme Court rejected a "narrow, rigid" reading of what factors should be considered in deciding obviousness. Instead, the court said many factors--including market demand for a combination of technologies or whether it's common practice in an industry to look for such combinations--could lead to a conclusion that an invention is obvious.![]()
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Enterprise Packages: Where Are They Headed?
This shift in the development and usage of business applications in large corporations began in the 1990s when enterprise packages arrived on the scene. The traditional way of developing an application for corporations from the ground up (whether it be for financial accounting or...

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