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What's wrong with the United Patent Litigation System (UPLS)?
,----[ Quote ]
| A journalist of WorldIPReview recently asked FFII what were its views of the
| proposed United Patent Litigation System (UPLS), which is now being
| questioned by the Council in a submission to the ECJ. FFII had already
| published a press release mentioning the new push for software patents in
| Europe via a centralised and trusted court.
`----
http://stopsoftwarepatents.org/forum/t-167730/what-s-wrong-with-the-united-patent-litigation-system-upls
The Bilski test was invented by IBM
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| By reading the Amicus Brief of IBM to the CAFC, it is pretty clear that the
| machine tranformation test which allows software patents and ban business
| method patents was invented by IBM lawyers.
`----
http://stopsoftwarepatents.org/forum/t-166821/the-bilski-test-was-invented-by-ibm
IBM too should abolish software patents.
Recent:
Court to rule on “methods” patents
,----[ Quote ]
| In the ruling, the Court decided unanimously that the Sixth Circuit Court had
| improperly “derailed” an Ohio state court’s consideration of a claim by a
| death row inmate that he is mentally retarded, and thus cannot be executed.
| The Circuit Court, Justice Ruth Bader Ginsburg wrote in Bobby v. Bies
| (08-598), was wrong in issuing a habeas ruling that inmate Michael Bies’
| retardation had already been established. Bies must pursue that claim in a
| pending state court case, the Justices concluded.
|
| In an unsigned (”per curiam”) opinion, the Court by a 7-2 vote overturned a
| $5 million jury verdict in favor of a railroad employee who had work-related
| brain damage and lung diseases after prolonged exposure to a toxic chemical
| in the workplace. The Court found that the jury should have been instructed
| on what the worker must prove to show a genuine fear that he would someday
| develop cancer. The ruling came in CSX Transportation v. Hensley (08-1034).
| Justices Ginsburg and John Paul Stevens dissented.
`----
http://www.scotusblog.com/wp/court-to-rule-on-patent-dispute/
Bilski case going to the U.S. Supreme Court
http://lwn.net/Articles/335442/
Lessons From Software For Patents, vs. Solving the Software Patent Problem
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| Software patents may be going the way of network neutrality: an arcane policy
| problem once the preserve of a small circle of wonks is becoming a
| politicized slanging match. In both cases an esoteric but important research
| question has become a point of leverage for certain interest groups. In both
| cases the subject (“network neutrality”, “software patents”) is at best
| poorly defined, typically has multiple possible meanings, and at worst is so
| vague as to be useless. And in both cases, the poster child is the small-time
| innovator, while the sugar daddy is a big money player minimizing costs (e.g.
| content providers who love net neutrality, and VCs who hate software
| patents).
`----
http://deepfreeze9.blogspot.com/2009/03/lessons-from-software-for-patents-vs.html
Editorial: High tech needs patent reform
,----[ Quote ]
| It isn't often that you see heavyweights in the tech world duking it out in a
| high-stakes match, with Congress as the referee. It's happening today over
| proposed reforms in patent law, which pits the software and information
| technology giants against their counterparts in biotech. The issues are as
| fascinating as they are thorny — and while each side paints the choices as
| black and white, there's enough gray here to cover a fleet of battleships.
|
| [...]
|
| One reform everyone agrees on is the need to expedite patent applications.
| The U.S. Patent and Trademark Office has just over 5,000 underpaid and
| overworked examiners to review more than 400,000 new applications each year.
| It would take them two years just to catch up on the current backlog if no
| new applications arrived. This, too, is stifling innovation. The office needs
| the money for more staff.
`----
http://www.mercurynews.com/opinion/ci_12076041?nclick_check=1
Sun Loses Bid To Invalidate Patents With Bilski Test
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| A federal judge has shot down an attempt by Sun Microsystems Inc. to use the
| Bilski test to invalidate two patents for product configuration software held
| by Versata Software Inc. that Sun is accused of infringing.
`----
http://ip.law360.com/registrations/user_registration?article_id=94802&concurrency_check=false
Patentable Subject Matter Redux: Bilski 2009
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| In February 2009, the Board of Patent Appeals (BPAI) issued nine decisions
| that touched on Bilski and patentable subject matter under Section 101 of the
| Patent Act. In eight of the cases, the BPAI either affirmed an examiner's
| Section 101 rejection (five cases) or entered a new ground of rejection under
| Section 101 (three cases). In the remaining case, the BPAI remanded - asking
| the examiner to consider wether the claims were patentable under Section 101.
| All nine cases were related to software or electronics type applications.
`----
http://www.patentlyo.com/patent/2009/03/patentable-subject-matter-redux-bilski-2009.html
FCC Opens ATSC Patent Costs Proceedings
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| The CUT-FATT petition said that American consumers pay $20 to $30 per
| television receiver for intellectual property rights that would cost about $1
| elsewhere.
`----
http://www.tvtechnology.com/article/75374
Two Quick Words About Microsoft v. TomTom: Think Bilski
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| I'll restrict myself for now to two quick words:
|
| Think Bilski
|
| Are Microsoft's FAT patents *hardware* patents? No? Then what makes you
| assume they are valid in the post-Bilski world? Don't even get me started on
| obviousness. Let alone who really "invented" that stuff.
`----
http://www.groklaw.net/article.php?story=20090226070041454
Why I don’t sign NDAs. . .
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| I call them the 'on the Internet' patents. You can patent anything by adding
| the suffix - 'on the internet'.
`----
http://www.texasstartupblog.com/2009/01/30/why-i-dont-sign-ndas/
Software Patents Are Bogus
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| Scroll down to page 6 and take a look at the title of the patent
| there: “Vehicle Computer System with Wireless Internet Connectivity.”
|
| No joke. Microsoft has patented being able to have a wi-fi capable computer
| in your car.
|
| Let me repeat: wi-fi + computer + car = patent infringement.
|
| This illustrates pretty well why software patents are pretty clearly bogus —
| how can patent have a wireless computer in a car? How is that unique idea?
`----
http://listento.jaketolbert.com/computer/software-patents-are-bogus/
Bilski Petitions the Supreme Court to Decide Issues of Patentable Subject
Matter
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| In Bilski, the Court of Appeals for the Federal Circuit applied
| the “machine-or-transformation test” as the only test to be used in
| determining whether a claimed process is eligible for patenting under § 101.
| The decision holds that a claimed process either (1) be tied to a particular
| machine or apparatus or (2) transform a particular article into a different
| state or thing.
|
| Bilski’s claimed method of hedging the risk of bad weather through
| commodities trading had been rejected by the USPTO as lacking patentable
| subject matter. On appeal, the Federal Circuit affirmed – finding that the
| method failed the machine-or-transformation test.
`----
http://www.patentlyo.com/patent/2009/01/bilski-petitions-the-supreme-court-to-decide-issues-of-patentable-subject-matter.html
Is it Patentable?
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| Two months ago, in In re Bilski, the Federal Circuit rejected the notion that
| anything that produces a "useful, concrete, and tangible result" is
| potentially patentable. Instead, to be patent-eligible, an idea must be "tied
| to a particular machine or apparatus," or it must "transform a particular
| article into a different state or thing." (To qualify for a patent, it also
| has to meet various other requirements, such as being novel.)
|
| As to transformation, the court noted that not just any transformation will
| do. The transformation "must be central to the purpose of the claimed
| process," and the "articles" transformed must either be "physical objects or
| substances" or "representative of physical objects or substances."
`----
http://www.eff.org/deeplinks/2008/12/is-it-patentable
The post-Bilski era begins
,----[ Quote ]
| The In re Bilski (545 F.3d 943 [Fed. Cir. 2008]; here’s a PDF of the
| decision) court decision placed significant new limits on so-called “process”
| or “business method” patents, which possible implications for many software
| patents.
`----
http://bfwa.com/2008/12/19/the-post-bilski-era-begins/
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