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In the 1970s, IBM was involved in patent litigation with companies like Xerox and Ampex, both of which sued IBM for patent infringement and alleged monopolistic practices. Ultimately, the cases ended in cross-licensing agreements and settlements. These purely defensive maneuvers cannot be regarded as proactive patent strategies. If IBM can be said to have had any active strategic posture in the realm of patents during this period, it was primarily in the domain of software. As one of IBM’s patent attorneys later admitted:Between the 1960s and 1970s, IBM played an active role in several key cases and policy discussions opposing the patentability of software.

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From Opponent to Champion of Software Patents

  • 章节

  • 发表日期：

    2026年

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  • Qiang Yue,
  • Fei Yang

摘要

In the 1970s, IBM was involved in patent litigation with companies like Xerox and Ampex, both of which sued IBM for patent infringement and alleged monopolistic practices. Ultimately, the cases ended in cross-licensing agreements and settlements. These purely defensive maneuvers cannot be regarded as proactive patent strategies. If IBM can be said to have had any active strategic posture in the realm of patents during this period, it was primarily in the domain of software. As one of IBM’s patent attorneys later admitted:Between the 1960s and 1970s, IBM played an active role in several key cases and policy discussions opposing the patentability of software.