Robert L. Kovelman

Bally Technologies Inc.'s $1.3 billion acquisition of SHFL Entertainment Inc. last year had many moving parts, including hundreds of patents and trademarks worldwide, Kovelman said.

Added to that, "We had a very short window to complete the due diligence, looking at everything to make sure that the IP was valuable and there were no impediments," said Kovelman, who led his team on behalf of Bally, a gaming and systems manufacturer.

Kovelman has represented the company for more than two decades, helping to develop its IP portfolio as well as its technology, which he said has "revolutionized the gaming industry."

Another longtime client is Solomon Brothers Technology Inc., which develops medical devices.

"We've been able to obtain significant IP for them," Kovelman said. "They are in the process of licensing technology with some of the largest players in the medical device industry."

Meanwhile, Kovelman said he continues to monitor the ever-changing landscape of IP law.

"It's still in a state of flux - with one significant question being, what is patentable subject matter?"

The issue is now before the U.S. Supreme Court and may come down to what the court says constitutes an abstract law or a law of nature," Kovelman said, adding, "Potentially, thousands of patents could be impacted by this decision in the software and business method-related environment."

Kovelman said that he sees it both ways.

"Broad generic concepts covering fundamental laws of nature should not be used to block innovation," he added. "But it's a very difficult concept - determining what is abstract and what is patentable, since using a computer can provide enhanced features not practical, absent using such a computer. Fundamental laws cannot be used by one to preclude others from using them to innovate."

- Pat Broderick