Linked by Thom Holwerda on Fri 12th Sep 2014 22:04 UTC
Legal

The Supreme Court's June ruling on the patentability of software - its first in 33 years - raised as many questions at it answered. One specific software patent went down in flames in the case of Alice v. CLS Bank, but the abstract reasoning of the decision didn't provide much clarity on which other patents might be in danger.

Now a series of decisions from lower courts is starting to bring the ruling's practical practical consequences into focus. And the results have been ugly for fans of software patents. By my count there have been 10 court rulings on the patentability of software since the Supreme Court's decision - including six that were decided this month. Every single one of them has led to the patent being invalidated.

This doesn't necessarily mean that all software patents are in danger - these are mostly patents that are particularly vulnerable to challenge under the new Alice precedent. But it does mean that the pendulum of patent law is now clearly swinging in an anti-patent direction. Every time a patent gets invalidated, it strengthens the bargaining position of every defendant facing a lawsuit from a patent troll.

Great news.

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RE: Dust in the wind
by skeezix on Mon 15th Sep 2014 15:49 UTC in reply to "Dust in the wind"
skeezix
Member since:
2006-02-06

Well, this precedent doesn't just pave the path for other legal rulings, which, I admit, would take forever to clean out all the stupid patents. The article says that it'll also make patent trolls very nervous about trying to defend their patents if they'll just end up being invalidated so easily in court. And that's almost as good, in practical terms.

Edited 2014-09-15 16:09 UTC

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