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[News] More Backlash Against Monopolies-infected 'Standards', UK-IPO

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19 Standards Orgs. - and Over 13,300 Members - Support Rambus Brief

,----[ Quote ]
| Yesterday I filed a pro bono amicus curiae ("friend of the court") brief with 
| the United States Supreme Court in support of the Federal Trade Commission's 
| petition for writ of certiorari in its suit against Rambus Technologies.  I'm 
| pleased to report that 19 standard setting organizations (SSOs), representing 
| over 13,300 members, joined as amici curiae supporting this brief; the list 
| of participants appears later in this blog entry.  As noted in the brief 
| itself, these SSOs:      
|     ...represent a broad range of SSOs that participate in the standard 
|     setting process, and each is greatly concerned by the adverse effects 
|     that it anticipates will result from the [lower court reversal of the 
|     FTC's sanctions of Rambus].  Those effects will reach virtually all 
|     aspects of modern society, commerce, education and government, because 
|     all of these interests rely heavily upon the efficient development and 
|     broad adoption of standards by the private sector.        


Concern over IPO guidelines

,----[ Quote ]
| The judge in the case, Lord Neuberger, did not follow the process set out by 
| the IPO, which was derived from cases involving Aerotel and Neal Macrossan, 
| but the process set out in an earlier judgment, in a case involving Vicom. 
| Many observers saw the ruling as a rejection of the IPO's previous methods of 
| judging software patent claims.    



Merry Christmas from the Own-it IP news round-up!

,----[ Quote ]
| We kick off this week with the news from Out-law that the UK IPO has
| announced it will not be revising its approach on software patents in the
| light of the findings of the Symbian case. The announcement comes after UK
| IPO's decision to deny a patent to Symbian was overturned on appeal back in
| October in a judgment many took to be critical of the UK IPO's approach. The
| decision has drawn criticism from the Chartered Institute of Patent
| Attorneys, who claim the current guidance creates uncertainty for patent
| applicants.


The UK-IPO's latest thoughts on software patents

,----[ Quote ]
| The IPKat thinks the UK-IPO's view that the Enlarged Board will be able to
| settle the matter soon is hopelessly optimistic. For one thing, the Enlarged
| Board is not known for being quick at producing definitive decisions. Also,
| as has already been pointed out (see here), it seems very likely that the
| Enlarged Board will have to reject the referral, because it simply does not
| comply with the requirements of the EPC, which only allows such referrals in
| limited cases. This would not, however, be such a bad thing, provided the
| UK-IPO properly takes on board the guidance offered in Symbian and uses the
| word 'technical' often enough (even though nobody knows what it actually
| means).


Patentability of computer programs, recent Court of Appeal judgment and
questions raised by the President of the European Patent Office

,----[ Quote ]
| 4. In the light of this development, the UK-IPO will not seek to appeal the
| Symbian judgment further. The UK-IPO agrees with the Court of Appeal in that
| it would now be premature to seek a view from the House of Lords when
| European practice is likely to be settled shortly by a decision of the EPO’s
| Enlarged Board of Appeal. The UK-IPO will have an opportunity to submit
| observations to the Enlarged Board of Appeal on the questions put to it. In
| order to inform any such observations the UK-IPO will undertake a study to
| determine the economic impact of patenting computer programs.

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