Linked by Thom Holwerda on Wed 6th Jul 2011 14:00 UTC
Microsoft Well, paint me red and call me a girl scout, I totally did not see this one coming at all. This is so utterly surprising it made my brain explode. Hold on to your panties, because this will rock your world. After pressuring several smaller Android vendors into submission (and yes, HTC is still relatively small compared to other players), Microsoft is now moving on to the big one: Redmond is demanding $15 for every Samsung Android device sold. Samsung's choices are simple: pay up, or face another epic lawsuit.
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Alfman
Member since:
2011-01-28

lemur2,

"Pure software patents and business plan patents are not allowed period. "

"A piece of software is not patentable (even in the US) unless it is part of a specific machine (one specifically devised and adapted to carry out the patented process)."

"There are many reasons why a given patent may not be valid, including prior art and obviousnesss, as well as not being a specific machine or transformation."


I've noticed that you often tend to project what you want to be true as fact. You seem to forget that this question went all the way to the supreme court just last year, and they were not in agreement with your view.


http://blawg.scottandscottllp.com/businessandtechnologylaw/2010/07/...

"The Supreme Court expressly rejected the machine or transformation test as the sole means to assess process patentability. However, other than identifying the test as a useful tool to make that assessment, the Court did not express any test or set of factors to provide any additional guidance on the subject."



Read their justification for yourself on page 2.

http://www.supremecourt.gov/opinions/09pdf/08-964.pdf

They ruled that unless congress amends patent law, it's not up to the courts to prohibit software patents.

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