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[News] More Interpretation of Impact of In Re Bilski on Other Areas

  • Subject: [News] More Interpretation of Impact of In Re Bilski on Other Areas
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 06 Jul 2010 20:21:49 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
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Reading The Bilski Tea Leaves For What The Supreme Court Thinks Of Software Patents

,----[ Quote ]
| Since it's been a week or so since the 
| Bilski ruling, and as more people have had 
| more time to look at and sift through the 
| rulings in greater detail, some are 
| realizing there may actually be a light at 
| the end of the tunnel for those who dislike 
| software patents. Contrary to the claims of 
| the IEEE, the ruling did not, in fact, come 
| out and say that software patents are legit.


BIO Commends Supreme Court for Expansive View of Patentability in Bilski Decision


Supreme Court Tasks Lower Court with Determining Criteria for Dx Patentability 

,----[ Quote ]
| A day after reaching a decision in the 
| business methods patent case Bilski v. 
| Kappos, the Supreme Court this week remanded 
| the diagnostic patent case Prometheus 
| Laboratories v. Mayo Collaborative Services 
| et al., to the Federal Circuit Court of 
| Appeals with an order to revisit the case in 
| light of Bilski. 


Bilski Brouhaha: Supreme Court Keeps Stevens at Bay


Justice Scaliaâs Indecision a Victory for the Patent Bar


Bummed Out About Bilski


Court Patent Ruling Leaves Software Patents Intact


IEEE Celebrates Bilski Ruling With Misleading Press Release


They didn't say that:

Yes, software can be patented, US Supremes say


Tech Comics: "The Joy of Patents"



 Supreme Court Patent Ruling Avoids Tough Issues

,----[ Quote ]
| Upholding an appeals court ruling in the
| closely watched Bilski v. Kappos case, the
| U.S. Supreme Court denied patent protection
| to a specific business method for energy
| trading. But the Supreme Court chose not to
| clarify the lines that define patentable
| subject matter.
| The disallowed patent claim describes a
| series of steps for hedging against the risk
| of price changes in the energy commodities
| market. It was rejected by a patent examiner
| because it was an abstract formula not
| implemented on a specific device.


Supreme Court ruling dashes hopes that software patents will go away


Supreme Court 'Bilski' ruling doesn't rule out software, business-method patents


Supreme Court Delivers Open Source Smackdown


Todayâs opinion in Bilski


Justices Take Broad View of Business Method Patents


Supreme Court relaxes limits on innovations that can be patented


Reflections on Bilski

,----[ Quote ]
| The only way this issue can be settled
| promptly now is by legislation. M$ and its
| buddies will be lobbying fiercely to have
| the patent laws explicitly accept
| software. Unfortunately for them, all
| software, except perhaps in a controller
| where the software cannot possibly have
| multiple uses, is abstract. That is to
| say, programmes written in a high-level
| language do not even deal with bits let
| alone reality. They deal in variables and
| data-structures, abstractions in
| themselves. If the legislators allow
| software patents, they will have to allow
| patents on abstractions, something they
| will not do or cannot. That would throw
| our thoughts and all freedom under the
| bus. Indeed, one brief they did not
| reference was about freedom of speech as
| software. Patents cannot be allowed to
| restrict freedom of speech.


Bilski v. Kappos: The Supreme Court Declines to Prohibit Business Method Patents


Bilski case: the United States starts to clean the software patents minefield

,----[ Quote ]
| The US Supreme Court has issued on Monday
| a ruling that many people had been waiting
| for in the so-called "Bilski" case1,
| regarding a patent on a business method.
| This decision, even though it does not
| exclude every software from patentability,
| invalidates a majority of them, including
| those patents on computer implemented
| intellectual methods. It is now time for
| European lawmakers to halt software
| patents' proliferation in Europe.


Software patents after Bilski

,----[ Quote ]
| Bilski gave us a wonderful opportunity to
| increase awareness to the harm caused by
| software patents. More scholars, more
| developers, more journalists, more
| politicians, and more patent attorneys
| than ever before have heard from our
| community on this issue. What's next?


Justice John Paul Stevens on Bilski and Business Methods Patents, as text

,----[ Quote ]
| He's actually read and absorbed James
| Bessen's book Patent Failure and he
| comprehends the dangers and the costs that
| such patents present. Thank you, Jim
| Bessen (and co-authors Mike Meurer, Eric
| Maskin and Bob Hunt), for all your careful
| and helpful work, educating judges and
| lawyers to the dangers of software
| patents. Significantly, Stevens is joined
| by Justices Ginsburg, Breyer and
| Sotomayor. Even Justice Scalia, in a
| separate concurring opinion written by
| Justice Breyer, agreed that business
| methods should not be granted patents.
| That's five Supreme Court judges. As Tom
| Goldstein of SCOTUSblog points out in his
| analysis of the Bilski opinion, that means
| that business methods patents survived by
| a single vote. And even at that, the
| opinion stated that few such methods
| should be granted a patent.


Initial thoughts on Bilski


Sifting through the clues to patentability: Four take-home points from Bilskiâs mixed bag

,----[ Quote ]
| 1)   State Street Bankâs âuseful,
| concrete, and tangible resultâ test is
| dead.
| [...]
| 2)   Abstract ideas likely include âbasic
| conceptsâ and methods that can be reduced
| to a mathematical formula.
| [...]
| 3)   Parker v. Flookâs âfield of useâ and
| âpostsolution activityâ limitations are
| alive and well.
| [...]
| 4)   Expect more Section 101 challenges,
| especially at the early stages of patent
| litigation.


Search for Bilski scapegoats targets IBM

,----[ Quote ]
| Given the failure of the Bilski case to
| change the status quo regarding software
| and business method patents, the search is
| on for scapegoats, for weak sisters in the
| anti-patent fight who can be made open to
| criticism.
| It is similar to what happens after a
| losing political campaign. Those most
| committed to the cause argue that itâs
| weak supporters, those willing to do
| business under the given circumstances,
| who are responsible for their political
| failure.
| So it is that Florian Mueller of
| Fosspatents has seized upon IBM.


Supreme Court Ruling Keeps Door Open for Software Patents

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