TODAY is an important day. The Supreme Court is hearing the Bilski case, which may finally end software patents in the United States. Pointing to this page from Practising Law Institute, President of the FFII writes: "300USD for the audio recording of Bilski, everything is good to make money in the US"
"Technology companies care about this case because it will define what you can and cannot get a patent on," said Emery Simon, counselor to the Business Software Alliance, which represents large technology companies including Microsoft Corp. and Intel Corp. "The scope of patentability could have ramifications for the path that technology takes."
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At this point, there is no firm consensus on what the test for patentability should be. IBM Corp. says an invention should be eligible if it makes a "technological contribution." Microsoft says an invention should be eligible if it has physical properties or produces a result in the physical world.
Under both tests, the companies say, software would make the cut and the Bilski risk-hedging application would not.
Indeed, Horacio Gutierrez, deputy general counsel for Microsoft, said the Supreme Court would actually help the technology industry by blocking a patent in this case — sending a strong signal that the government must hold patent applications to high standards.
On Monday, November 9th, the Supreme Court will hear the case of Bilski's business method patent. Being the first review of patentable subject matter since 1981, this decision could make the rules for decades to come. The court will review the 2008 ruling of the CAFC which created the "particular machine or transformation" test. This test, depending on who's reading it, could significantly narrow the scope for patenting software ideas.
The Supreme Court isn't obliged to rule on the patentability of software ideas. Bilski's patent is a business method patent, not a software patent. So why might the court make a broad ruling which would cover software? For people who are already aware of the legal arguments, I'd like to offer a review of the socio-economic arguments for abandoning software patents.
Court Transfers Part of Patent Case Involving Microsoft to Texas
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A Delaware federal judge's transfer of part of a patent infringement case involving software giant Microsoft Corp. to the Eastern District of Texas is the latest example of the federal courts' shifting approach to patent litigation venue battles. The decision is also notable in that the Eastern District of Texas, known as a plaintiff-friendly venue, has itself recently started to transfer cases to other venues in compliance with recent federal appellate decisions.
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QuinStreet dragged Microsoft into the case in January 2008 with a third-party complaint asking the court to rule that Microsoft should reimburse QuinStreet for any damages awarded to Parallel Networks. QuinStreet alleges that if it is infringing Parallel Networks' patents, that is due to QuinStreet's use of Microsoft's Web server software for Web page generation.
Court Upholds Rights of Scientists and Patients to Challenge Gene Patents
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"We hope this challenge is the beginning of the end to patents on genes, which limit scientific research, learning and the free flow of information," said Chris Hansen, a staff attorney with the ACLU First Amendment Working Group. "No one should be able to patent a part of the human body."
A federal district court said that the ACLU et al. suit challenging the patentability of gene patents can go forward. The American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole host of others have filed a lawsuit challenging patents on two human genes associated with breast and ovarian cancer claiming that the patents are illegal and restrict both scientific research and patients’ access to medical care, and that patents on human genes violate the First Amendment and patent law because genes are “products of nature.”
EU Community Patent: The Mill Goes On And On
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With other words, the highly crucial question of the arrangement concerning translations - which might well be decisive for the fate of the entire project - is taken out of the main body of text on the Council Regulation on the Community Patent. As far as I can learn from earlier Documents, utilisation of machine translations is considered to be the joker of the day. The newly introduced Article 61 makes clear that if this approach should later turn to be unworkable, the language arrangement can be changed without unbundling the entire package of the EU Community patent project.