HAVING just covered the good news, namely the decline/descent of software patents, now come the less convenient news, or the news that can throw a wrench at the party if one blindly believes the spin that accompanies the news. The ascent of Alice since 2.5 years ago profoundly changed everything in the domain of software patenting. It's not hard to see why and it's difficult to argue against it... unless one is a paid lobbyist like David Kappos, former USPTO Director.
First we have the case of Evolved Wireless, LLC v Apple Inc., a District Court (not Texas for a change) where the patents were ruled not ineligible. Here's the gist of it:
The court denied defendants' motion for judgment on the pleadings on the ground that plaintiff’s wireless communications patents encompassed unpatentable subject matter because the claims were not directed toward abstract mathematical algorithms
“There is no such single, succinct, usable definition or test” for defining an abstract idea, the Federal Circuit said while allowing a software patent to survive a Section 101 analysis for the fourth time since May
One major take away from this case is that this panel of the CAFC clearly believes software is patent eligible subject matter. At least some of the representative claims discussed (e.g., claim 1 of the ‘065 patent, page 20) is a computer readable medium claim reciting computer code for performing a series of operations. This is very welcome after comments in recent cases from certain judges suggesting that software should be per se unpatentable.
A long-running patent fight between network-software rivals Amdocs (Israel) Ltd and Openet Telecom Inc will go at least another round, after a U.S. appeals court overturned a ruling that had invalidated four of Amdocs' patents.
"Has IAM ever given a platform to opponents of software patents and to pessimists? It's a rarity because that's not what readers (paying subscribers) want to see."Speaking of one such European "IP" 'news' site, once again it gives Bart Eppenauer (from Microsoft) a megaphone, and as usual in defense of software patents. He is trying to say that all is well for software patents, which is utter nonsense. Here is what IAM wrote under the headline "Key CAFC decisions confirm software is patentable in post-Alice world, says Microsoft’s former patent chief".
Has IAM ever given a platform to opponents of software patents and to pessimists? It's a rarity because that's not what readers (paying subscribers) want to see.
Well, this sure is getting shallow and tiresome. Why don't they just recruit Eppenauer and give him his own column at IAM? What he talks about isn't news; it's not even a new decision, just more entertainment of old staff with attribution to an overhyped person whom they like to grease up a lot (almost every month). ⬆