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[News] Patent Lawyers/Trolls and Monopolists Want Software Patents, the Rest Loathe Them

  • Subject: [News] Patent Lawyers/Trolls and Monopolists Want Software Patents, the Rest Loathe Them
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 27 May 2010 15:24:13 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
Hash: SHA1

Guy Burgess ("I am a lawyer with an IT background practising in New Zealand."):

Protecting IP in a post-patent environment

,----[ Quote ]
| Recently the Government announced its 
| intention to adopt a select committeeâs 
| recommendation to âexclude software from 
| patentabilityâ â that is, to ban software 
| patents. Where will the ban â if 
| implemented â leave local software 
| developersâ ability to protect their 
| intellectual property?
| How will the removal of software from 
| patentability, if confirmed, affect the 
| ability of local IT firms to protect the 
| intellectual property in their software?


Patents for Startups from an Anti-Patent P.O.V.

,----[ Quote ]
| If you have been working in the startup 
| industry, then you may already be well 
| aware of what venture capitalist Brad Feld 
| calls "a massive tax on and retardant of 
| innovation" - software patent litigation.
| In his blog post this morning, Feld points 
| to the circular court battles of companies 
| like Apple, Nokia and HTC and the 
| "ridiculous nature of software patents" as 
| reason enough for all members of the 
| startup community to take an interest in 
| this topic.


Bilski And Patent Absurdity

,----[ Quote ]
| In the month since its release, the Free 
| Software Foundation funded documentary 
| film about software patents and the Bilski 
| case, Patent Absurdity, has been viewed 
| more than 100,000 times.  But are the 
| people we most want to influence in the 
| debate seeing it?
| The End Software Patents campaign is 
| looking to identify the 200 people who are 
| most influential to the software patent 
| debate in the US, and are working with the 
| well known venture capitalist and anti-
| software patent blogger Brad Feld to send 
| a copy of the documentary film to them in 
| the postal mail.
| End Software Patents director, Ciaran 
| O'Riordan said, "Weâre looking for the key 
| people in US patent politics, the software 
| patent critics inside the big companies, 
| the professors who support patents but 
| might see why software doesnât fit that 
| system, and anyone else that might 
| consider giving our position some support 
| when the post-Bilski debate erupts."


FDL Movie Night: Patent Absurdity â How Software Patents Broke the System

,----[ Quote ]
| Patent Absurdity takes a look at software 
| patents, and makes what may seem to some 
| to be radical points: That patenting 
| software hurts innovation and harms 
| inventors and consumers


The Wait Continues: Another Day Without a Bilski Decision 


Bilski May Take Down Business Method Patents With Him

,----[ Quote ]
| As the Supreme Court issues its last 
| decisions before the end of the spring 
| session, intellectual-property lawyers 
| have been asking: Where's Bilski?
| This is the case that may deliver a 
| knockout blow to business method patents, 
| those patents that everybody from free-
| software zealots to conservative 
| Republicans love to hate. Inventors 
| Bernard Bilski and Rand Warsaw wanted to 
| patent a novel method for hedging against 
| weather-driven changes in energy prices, 
| but the U.S. Patent and Trademark Office 
| wouldn't even give them a hearing. The 
| Supreme Court is expected to uphold that 
| brush-off, and the big question is whether 
| it will do so in a way that eliminates 
| forever dubious patents like the infamous 
| government monopoly Amazon.com obtained on 
| one-click purchases.


Legal Briefing: When Can You Patent Math? Supreme Court Must Decide

,----[ Quote ]
| One of the most eagerly watched cases 
| pending before the Supreme Court is Bilski 
| v. Kappos, which will shape the scope of 
| patent law in profound ways. Bernard 
| Bilski and Rand Warsaw created and sought 
| to patent a way of using complex math to 
| hedge against demand-driven commodity 
| price risk -- for example, helping a 
| school system cope with heating oil prices 
| spiking because an extra cold winter 
| creates unusually high demand, or helping 
| a fuel dealer handle the opposite 
| situation. The Bilski/Warsaw idea is a 
| "method of doing business by evening out 
| risk among those in an ongoing economic 
| transaction," as SCOTUSblog put it. 


1.Patentable? The Issue of Software and Business Methods


Enlarged Board of Appeal confirms approach to controversial software patents


USPTO Rising Allowance Rate

,----[ Quote ]
| The USPTO issued more patents during the 
| past two weeks than in any fortnight in 
| history.  A primary driver of that upswing 
| appears to be a dramatic rise in the 
| allowance rate.



Amazon 1-Click Patent Survives Almost Unscathed

,----[ Quote ]
| Zordak writes "Amazon's infamous '1-click'
| patent has been in reexamination at the
| USPTO for almost four years. Patently-O now
| reports that 'the USPTO confirmed the
| patentability of original claims 6-10 and
| amended claims 1-5 and 11-26. The approved-
| of amendment adds the seeming trivial
| limitation that the one-click system
| operates as part of a 'shopping cart model.'
| Thus, to infringe the new version of the
| patent, an eCommerce retailer must use a
| shopping cart model (presumably non-1-click)
| alongside of the 1-click version. Because
| most retail eCommerce sites still use the
| shopping cart model, the added limitation
| appears to have no practical impact on the
| patent scope.'"


Microsoft Decides It Can't Compete With Salesforce.com; Sues For Patent Infringement Instead

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