DOD programs also reported a number of other challenges that could affect their ability to implement reforms. For example, over half of the weapon systems and nearly all major business IT programs GAO reviewed reported staffing challenges related to software development, such as difficulty hiring government and contractor staff. DOD is also investing billions more in IT systems and capabilities.
The William M. This report summarizes past GAO findings about the extent to which DOD implemented required or recommended software acquisition reforms for weapon and business systems. Other elements of the provision will be addressed in future work. GAO also identified software acquisition reforms initiated in response to recent statutory mandates. Computer Programmers. Computer Science Teachers, Postsecondary. Computer Systems Analysts.
Construction Managers. Database Administrators. Energy Engineers. Environmental Science Teachers, Postsecondary. Fire-Prevention and Protection Engineers. Geographic Information Systems Technicians. Industrial Engineers. Information Security Analysts. Logistics Engineers. Marine Architects. Mathematical Science Teachers, Postsecondary.
Network and Computer Systems Administrators. Physics Teachers, Postsecondary. Remote Sensing Scientists and Technologists. Software Quality Assurance Engineers and Testers. Transportation Engineers. Web Developers.
Related Careers: Tier 3. Agricultural Engineers. Animal Scientists. Biochemists and Biophysicists. Biological Science Teachers, Postsecondary. Business Teachers, Postsecondary.
Cartographers and Photogrammetrists. Chemical Engineers. City and Regional Planning Aides. Commercial and Industrial Designers.
Computer and Information Research Scientists. Computer and Information Systems Managers. Computer Hardware Engineers. This may be satisfied if the claim integrates the judicial exception into a practical application. For example, the claim can apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the purported judicial exception. This decision influenced the defense strategy of entities sued for software-related patent infringement and led to the invalidation of numerous software-related patents.
There has been some guidance regarding how additional elements in a claim might integrate a judicial exception into a practical application. For example, if an additional element reflects an improvement in the functioning of a computer, then the judicial exception might be integrated. However, the invalidity defense based on subject matter eligibility has remained prevalent for software and electronic companies because most computer-implemented methods achieve some purpose other than improving the functioning of a computer.
As vehicles were traditionally full of mechanical widgets and internal combustion engines, this subject matter eligibility-based defense was not relevant, notwithstanding a rare case where a mechanical patent was invalidated because the drive shaft as claimed was deemed to be an abstract idea.
But now that automakers are producing vehicles that are increasingly or mostly computerized and electric, and are faced with software patent infringement suits, they may be tempted to adopt patent eligibility-based defenses similar to the ones used by software companies. Software patents in the vehicular space, as compared to the more abstract software space, can be strategically drafted to better withstand patent eligibility attacks.
For example, if a claim is drafted to recite a clear practical application that makes the vehicle perform better, such as a software method that assists the vehicle in reducing energy consumption from point A to B, then invalidating such a patent on the grounds of patent eligibility may be more challenging.
Although in the short-term, automakers may be successful in invalidating software patents that are less strategically draft, they should take note that in the longer term, this subject matter eligibility-based invalidity defense may be less viable since vehicular software-based patents may be more likely to integrate any abstract ideas or judicial exceptions into a practice application.
Srinivasa is a member of the Peighton is not admitted to practice law in any state. Skip to main content.
New Articles. Morgan Healthcare Conference Greene and Michael R. Rivers and Paul M. Carra and K. Bergeson and Carla N. William Manuel and Anne R.
Koelzer and Julia A. Church and Elaine C. Jones, Jr.
0コメント