Attorney Publication

Nov 20, 2011

Richard Gilly and Vamsi Kakarla Published in BNA's Patent, Trademark & Copyright Journal

Click for PDF

Seyfarth Shaw Intellectual Property attorneys Richard Gilly and Vamsi Kakarla wrote an article published in BNA's Patent, Trademark & Copyright Journal. The article discussed advantages to cloud computing, as well as the challenges it presents for both businesses seeking patent protection for information dispersed in the cloud, as well as for those doing work in the cloud that seek to minimize risk of charges of patent infringement. Richard and Vamsi provide recommendations to patent counsel on addressing these concerns, stating, "Cloud computing services may present challenges to the patent attorney since some functions and services within the cloud may not be visible or known to those outside of the cloud."

The writers address infringement in the multi-actor context, as well as divided infringement and vicarious liability, patent drafting and enforcement strategies. They advise patent attorneys and businesses "to consider the changing legal landscape in protecting innovations and enforcing resulting patents." When it comes to enforcement, they suggest taking into consideration competitors, significant customers and ways to pressure service providers to stop infringing activities and to compensate the patent holders for prior damages.