Steven Pollinger, Managing Principal of the firm’s Austin office, and Craig Tolliver, a principal in Austin, published an article in Law360 titled “Why Can’t A Method Be Sold, Just Like Any Other Invention?” The article discusses the significant obstacles that have been imposed by the Federal Circuit on enforcement of method claims. Specifically, the Federal Circuit has held that a company cannot sell a method even if it sells a product that necessarily performs the method in ordinary use. The article explains why the Federal Circuit’s position is incorrect and should be modified to comport with the language of 35 U.S.C. §271, the Supreme Court’s Quanta case, the Federal Circuit’s own case law in an analogous area, and common sense.
The full article can be found here.