Bonum Certa Men Certa

Bilski Case Working Against Patent Trolls and Against Software Patents -- Already

Supreme court
U.S. Supreme Court, March 2008



TODAY'S NEWS is encouraging because there are finally signs of resistance rather than cowardly settlement. The Facebook case that we mentioned the other day is summoning re Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33] as precedence to fend off the patent trolls.

Nick O’Neill of AllFacebook thinks Facebook might have to pay up (and he has a copy of the patent up on his site, for the curious). I’m not sure. A top patent court has recently ruled against the validity of patents that don’t involve some sort of “machine or transformation” — I wonder what “machine or transformation” Leader has to offer here? I’m no legal expert, but it’s not clear to me, after reading through the patent. I’m guessing Facebook, if not the rest of the web-based tech industry, won’t be losing too much sleep over it tonight.


Holders of software patents are already warned that their patents might be worthless and that they may require revision.

Clients with issued software patents, medical method patents, and other similar patents may want to run a "Bilski test" on the claims of those patents, particularly if there is a likelihood that the patents will be asserted in the future. If those patents raise any concerns, it may be advisable to correct potential problems or insure against them (e.g., by adding new, more-patentable claims) via reissue proceedings or continuation practice. However, clients should understand that amendments made in a reissue proceeding can provide competitors with additional defenses against a patent. As for patent applications that are still pending, applicants should develop strategies for adding the sorts of elements identified by the Federal Circuit to the claims - in most cases, we expect this can be done without significantly affecting the strength of the claims. For patents currently in litigation, defendants should re-check their defenses, but should be careful not to over-read Bilski, and plaintiffs may really want to look into correcting suspect patents.


As we showed back in May, even the pharmaceuticals are beginning to question the notion of intellectual monopolies as they decide to collaborate instead. Irrespective of this, there's some fear there of the Bilski ruling.

In re Bilski: Trouble Ahead for Biotech?



[...]

While Bilski purports to clarify the test for analyzing the patent-eligibility of processes, many key questions remain unanswered: When is a process sufficiently tied to a particular apparatus or machine? When is the use of a recited machine more than “insignificant extra-solution activity”? When is the claimed transformation “central to the purpose of the claimed process”? When does a claimed invention foreclose substantially all uses of a fundamental principle, such as an algorithm or natural phenomenon? Does Bilski have implications for method of treatment claims? And what about non-process claims, such as claims to a peptide or polynucleotide that was isolated and purified from nature?


Those companies ought to concentrate on bringing drugs to markets in urgent need. Patents encourage overpricing and isolation, i.e. slow progress. They often lead to death and make a morbid society, even literally speaking. So whatever the outcome of re Bilski may be, it's a clearly step in the right direction, which is rare.

On the downside, IBM and Cisco seem to be playing ball with the patent trolls of Intellectual Ventures, claiming that they do so in order to battle other trolls.

Now, two former executives of Myhrvold's Bellevue patent licensing firm are striking out on their own with support from IBM and Cisco to serve as a counterweight to patent holding firms like Intellectual Ventures. Today, RPX Corp. is launching what it dubs "defensive patent aggregation" -- a membership club of sorts where large and small technology companies pool capital in order to order to protect themselves from patent litigation.


What about small companies? Fighting fire with fire is not a solution. It only leads to burning. IBM should just step up and end software patents already. ⬆

Comments

Recent Techrights' Posts

Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
 
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026