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Theodore Rand

is a registered patent agent and recent graduate from UNH Franklin Pierce School of Law. Theodore will be joining Morgan, Lewis, & Bockius LLP as an associate in the Silicon Valley’s patent prosecution practice group in October 2021.

Recent Articles by Theodore Rand

The U.S. Patent System and Quantum Cryptography: An Awkward Relationship

Quantum computing continues to gain traction as an emerging technology, with potentially far-reaching and dangerous applications in the United States and worldwide. However, there are some applications for the technology which have not yet passed theoretical muster. In other words, the case for quantum advantage cannot be made by reference to known mathematical algorithms. But many applications, including quantum decryption (discussed below), have been concretely mapped out on a theoretical level and are now subject to only “engineering limitations” (i.e., implementation details).

Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)

In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases of the year. Despite the many software eligibility cases decided last year, there is still some uncertainty about what passes muster under the Alice two-step framework. Below is a recap of the remaining 14 cases considered by the CAFC in 2020 with respect to software patent eligibility.