Shook Seattle Managing Partner Bart Eppenauer joins Law360's Voices of the Bar Panel to discuss the aftermath of Akamai Technologies Inc. v. Limelight Networks Inc., arguing that Congress should not intervene to address concerns about recent case law developments.
Some commentators worry that the Limelight decision will result in a wave of new lawsuits, but Eppenauer disagrees that the answer is legislative intervention. "While it is possible that could prove true, it is simply too early to tell," he says. "We need to allow time for the district courts and the Federal Circuit to apply and further refine this new test."
"[A] deeper look at U.S. Patent and Trademark Office data reveals that the rejection rates for software technology patents has actually dropped post-Alice," Eppenauer writes. "There is no guarantee that involvement by Congress will improve the situation, so let’s give the courts and the USPTO more time to work through these issues."