EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.01.16

Great News: The US Supreme Court Shoots Down Software Patents Again

Posted in America, Courtroom, Patents at 11:10 am by Dr. Roy Schestowitz

But the Court of Appeals for the Federal Circuit (CAFC), where corruption has been rather rampant, gets more of a say as a result

Money

Summary: The outcome of the US Supreme Court refusing to intervene in the Sequenom v Ariosa case — a case which would have put at risk the strongly-worded Alice and Mayo decisions (SCOTUS level)

WITH a software patents-friendly USPTO and software patents-hostile courts (even in the US) there certainly is a problem. One strives to make more money by granting (accepting) as much as 92% of applications (causing a massive spike in grants) and another actually delivers justice, where there’s no incentive to ‘bless’ every patent that’s at stake. It’s a bit like EPO examination versus reassessment at the appeal boards or USPTO versus PTAB.

A new article by Professor Dennis Crouch says that the Supreme Court will deal with Life Tech v Promega but not with a lot of other cases. “Alice and Mayo Remain” says another article in relation to the Sequenom petition (mentioned here before), which is very good news as it indicates that software patents will carry on dying, at least in the courts and at PTAB (irrespective of how reckless and selfish the USPTO chooses to be). “Patentees in the biotech and software industries had placed substantial hope on the pending Supreme Court case of Sequenom v. Ariosa,” wrote Crouch. “The hope being that the case would serve as a vehicle for the Court to step-back from the strong language of Alice and Mayo that has led to rejection and invalidation for many. The Supreme Court has now denied certiorari in Sequenom – effectively ending that campaign.”

Fantastic!

“It’s a bit like EPO examination versus reassessment at the appeal boards or USPTO versus PTAB.”We shortly thereafter found many polite complaints about this in patent lawyers’ Web sites like this one. It’s not exactly shocking that patent lawyers are sad that SCOTUS Justices won’t give software patents another chance. Watch how this gets framed as a ‘clarification’ issue (it’s not) over at patent lawyers’ Web sites that constantly bemoan this decision. Even some financial sites wrote about it (after earlier reports that pertain to financial speculations), life science Web sites wrote about it [1, 2, 3], and lobbyists of software patents were not exactly enthusiastic. “Drug industry overstates impact of patent reviews on innovation” is one good article about it (more from the same site), here is an objective site, and here is MIP writing about both aforementioned cases. “Fingers Crossed” is how some patent maximalists put it ahead of the decision, barely hiding their biases. The corporate media covered this as well [1, 2, 3, 4]. It’s quite unusual for those kinds of stories.

Ars Technica wrote about the former case as follows: “The US Supreme Court has taken up its next patent case, which may well lead to another decision sharply overturning a ruling by the nation’s top patent court.

“As we are going to show later, CAFC is already pushing against Alice in a newly-issued decision.”Here’s how the case made it to the high court: Life Technologies Corporation, part of Thermo Fisher Scientific, manufactures a genetic testing kit in the United Kingdom. The company sells this product worldwide. Life Tech made one element of the kit, called a Taq polymerase, in the United States and then shipped it to the UK to combine with the larger product.”

This case, unlike the latter one, hardly threatens Alice and Mayo in any way.

The only downside is that, in the words of the EFF, “Supreme Court Gives More Leeway to Lower Courts on Patents and Copyright: Will Lower Courts Champion Innovation?” Remember that by giving more influence to lower courts like CAFC the reality is that those who brought software patents to the US in the first place will gain more power. As we are going to show later, CAFC is already pushing against Alice in a newly-issued decision.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Media Blasts EPO Over Immunity Amid Suicides, Battistelli's Behaviour Compared to Dominique Strauss-Kahn's

    Backlash in the Netherlands is growing again, primarily as a result of media reports about the EPO's abuses against basic rights and the government's reluctance to put an end to these abuses



  2. Hilarious: Battistelli Goes to Former French Colony With No Patents to 'Buy' the EPO a Perception of Legitimacy

    Having toured various banana republics in pursuit of easy-to-sign deals, Battistelli now goes to Cambodia again, in order to make it seem as though the EPO is conquering Asia



  3. Patent Trolls Like Finjan Holdings and Thomas Edison; the Latest Loss for Software Patents in the US and Their Move to China

    A look at the very latest patent news, which suggests further improvements in the US, pushback from the patent microcosm, and an outsourcing of a terrible system to Chinese territories, where the overpatenting plague grows rapidly



  4. Still Waiting for Official Confirmation That Michelle Lee Will Head the Patent Office Under Donald Trump's Administration

    As of today, there is still no official word on whether or not Lee continues her tenure, which saw the demise of patents on software and along with that the demise of patent trolls and frivolous litigation



  5. Links 23/1/2017: Wine Releases, Microsoft Layoffs

    Links for the day



  6. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  7. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  8. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  9. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  10. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  11. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  12. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  13. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  14. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  15. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  16. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  17. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  18. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  19. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  20. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  21. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  22. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  23. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  24. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  25. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  26. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  27. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  28. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  29. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  30. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts