If you’re enjoying the AALS meeting, why not stop by the Open Source session on Friday morning on tax patents? It starts at 8:30AM, finishes at 10:15, and is in Torrance (South Tower Level 4). I’m presenting with (= being bailed out by) Linda Beale (our moderator), Kristen Osenga, and Andrew Schwartz. Here’s the abstract:
The subject matter of patents has expanded explosively since the Federal Circuit approved the patenting of software and business methods in the seminal State Street
case. Recently, patents on tax planning methods have attracted the attention of courts, practitioners, academics and Congress. Yet there are radically different views of the problem and its possible solutions among practicing lawyers in the tax and IP bars. The IP bar tends to view business method patents as an appropriate expansion of the innovation incentive. The tax bar tends to view them as permitting inappropriate ownership of tax laws that are meant to apply equally to all taxpayers. The panel will discuss the ramifications of tax planning method patents for the tax and IP bars, the implications of recent developments and the patent reform legislation under consideration,
and the role of IP law in business generally.
Yeah, I know, patents and taxes first thing in the morning, but it’s not going to be the standard dull “take turns talking about a paper” presentation – Linda is making it much more free-wheeling, sort of like a blend of “Crossfire” and “Jerry Springer.” Let’s hope there are folding chairs available. See you there!