At Fitch Even, we are your trusted partner in the strategic creation and protection of Intellectual Property (IP) rights for computer sector clients. With a holistic, integrated approach, we patent highly robust computer-dependent hardware and software systems.
We bring an unmatched ability to legally define the complex computer algorithms and structures involved in such systems, which is central to ensuring patentability and safeguarding core business advantages. Because our practice focuses on the intersection of computer hardware and software, we deliver expertise, efficiency, and comprehensive legal support that breaks barriers and maximizes efficiency.
Trailblazers in Infringement Litigation
We set the precedent for protecting software inventions, with our pioneering victory in Arrhythmia Research Technology, Inc. v. Corazonix Corp., when the Federal Circuit recognized the patentability that we established for a software-based mathematical method to monitor a patient’s heart.
Since then, we have successfully defended and enforced broad software patents across various industries and technologies, including:
- security systems
- electronic software distribution
- transaction processing
- computer networking
- banking and financial
- social media
For example, we successfully enforced our client’s patents on automatic computer configuration repair against computer disk utility applications found on most personal computers, resulting in the licensing of dozens of leading hardware and software application providers.
Software Due Diligence Audits and Licensing
Our lawyers conduct thorough software due diligence audits, crucial for computer hardware and software systems. Such audits are mission critical for hardware and software systems that employ open-source software, which holds many traps for those who do not understand the unique open-source licensing terms and how they may affect their own software. We also regularly structure software licensing agreements to ensure that computer hardware and software companies are fully protected in making, using, and selling the software applications on which they rely.
End-to-End Software Innovation Protection
For software developers, our lawyers are skilled at using utility, design and business method patents, copyrights, and trade secret agreements to protect software innovations involving:
- networking
- system and application
- user interfaces
- data compression and encryption
- artificial intelligence (AI)
- multimedia software
- databases and database-backed systems
- application management
We also have decades of experience drafting a variety of software development, distribution, testing, sale and license agreements, as well as source code escrow agreements, reflecting our in-depth knowledge of contract law in this area. Such capabilities illustrate our comprehensive strengths to facilitate the protection of innovations at the intersection of computer hardware and software.
Case Studies
Problem: Our client sought to sell portfolio patents on various smartphone features.
Solution: Fitch Even lawyers presented portfolio to industry, then negotiated and closed a patent purchase agreement to sell this portfolio of patents to an industry-leading developer of smartphone technology.
Result: The client received a significant payment for this patent portfolio, providing funding for future endeavors.
