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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.
`----
http://www.informationweek.com/news/windows/showArticle.jhtml?articleID=225701651
Supreme Court ruling dashes hopes that software patents will go away
http://www.networkworld.com/community/node/62993
Supreme Court 'Bilski' ruling doesn't rule out software, business-method patents
http://voices.washingtonpost.com/fasterforward/2010/06/supreme_court_bilski_ruling_ke.html
Supreme Court Delivers Open Source Smackdown
http://www.daniweb.com/news/story293269.html
Todayâs opinion in Bilski
http://www.scotusblog.com/2010/06/today%E2%80%99s-opinion-in-bilski/
Justices Take Broad View of Business Method Patents
http://www.nytimes.com/2010/06/29/business/29patent.html?_r=1&src=busln
Supreme Court relaxes limits on innovations that can be patented
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/28/AR2010062803523.html
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.
`----
http://pogson.6k.ca/2010/06/29/reflections-on-bilski/
Bilski v. Kappos: The Supreme Court Declines to Prohibit Business Method Patents
http://www.eff.org/deeplinks/2010/06/bilski-v-kappos-supreme-court-declines-prohibit
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.
`----
http://www.april.org/fr/bilski-case-united-states-starts-clean-software-patents-minefield
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?
`----
http://www.fsf.org/blogs/software-patents-after-bilski
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.
`----
http://www.groklaw.net/article.php?story=20100629014657710
Initial thoughts on Bilski
http://opensource.com/law/10/6/initial-thoughts-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.
`----
http://cyberlawcases.com/2010/06/30/sifting-through-the-clues-to-patentability-four-take-home-points-from-bilski%E2%80%99s-mixed-bag/
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.
`----
http://www.zdnet.com/blog/open-source/search-for-bilski-scapegoats-targets-ibm/6776
Supreme Court Ruling Keeps Door Open for Software Patents
http://www.itworld.com/open-source/112302/supreme-court-ruling-keeps-door-open-software-patents
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