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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VoiceCon SF 2009 Keynote: Bruce Morse, VP, Unified Communications and Collaboration, IBM Software Group
A keynote at VoiceCon San Francisco 2009 by Bruce Morse, VP, Unified Communications and Collaboration, IBM Software Group....

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