Is Landmark Technology’s Two-Decade Patent Assault On E-Commerce Finally Over?


Publish Date:
October 13, 2023
Electronic Frontier Foundation
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As patent scholar Mark Lemley explained in a 2012 research paper on functional claiming, it’s similar to allowing a pharmaceutical inventor to claim “an arrangement of atoms that cures cancer,” and assert their patent against any chemical, in any form, that achieves the purpose of curing cancer. “Indeed, the whole idea seems ludicrous,” he wrote.

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