The ultimate effect of the Halo decision is likely to be frequent willfulness challenges that survive summary judgment and are submitted to a jury.

In light of the recent Alice decision and patent-eligibility, patent validity, and patent reform, there are several important issues involving post-Halo cases and functional claiming that need attention.

Rachel Elsby, an attorney in Akin Gump's intellectual property practice sat down with IPWatchdog to discuss the issues involving post-Halo cases. In her career, Elsby focuses on complex patent litigation, IP counseling and IP transactions, with an emphasis on biological and chemical technologies.