The National Law Journal
January 22, 2007
Under the current law of the U.S. Court of Appeals for the Federal Circuit, U.S. patents on software can in some cases reach beyond the U.S. borders and be utilized to obtain damages on software products that are both manufactured and sold overseas. This controversial rule is currently on appeal to the U.S. Supreme Court in AT&T Corp. v. Microsoft Corp., 414 F.3d 1366 (Fed. Cir. 2005). The outcome is eagerly awaited by the software industry, legal practitioners and scholars alike, and will have far-reaching consequences for both software inventions in particular and patent law in general.