Bonum Certa Men Certa

RecogniCorp v Nintendo is Another Nail in the Coffin of Software Patents in the United States

Last night's pleasant surprise came from Nintendo


Summary: A precedential new decision against software patents is terrible news for the patent microcosm -- something for them to spin or moan about for a long time to come

LAWSUITS against Nintendo have been covered here for a long time. The company has quite a lot of cash, so it's an attractive target for opportunists and patent trolls.

"Maybe Watchtroll is trying to come up with a way to insult the judge/s -- the same thing he did the last time it happened."Yesterday, the Court of Appeals for the Federal Circuit (CAFC) did something which will likely to change the debate for months to come, maybe even years. We have made a local copy of this decision [PDF] because it's likely to be mentioned (cited) a lot in the future and we don't wish to risk losing easy/free access to it a decade down the line. Here it is as animated GIF:

Opinion on Nintendo

This decision will no doubt annoy the patent maximalists. It's a catastrophe to them because it's precedential. Watchtroll does not seem to have said anything about it (not that ignoring it would make it go away) and is instead mocking PTAB as usual or promoting software patents on Blockchain -- a subject we explored here many times before, e.g. in [1, 2, 3, 4]. Maybe Watchtroll is trying to come up with a way to insult the judge/s -- the same thing he did the last time it happened.

"This is a fantastic way to end the week (this decision was delivered late on a Friday)."Watchtroll could use "weekend" as an excuse, but his buddy, "Patent Buddy", is visibly concerned with tweets like this: "Fed. Cir. Chips Away at McRO in Precedential Recognicorp v Nintendo"

Or even this: "RecogniCorp v. Nintendo, Decided Today by the Fed. Cir. Can Be Used to Kill Any Software Patent" (the word "kill" is a propaganda term of the patent microcosm, implying that patent invalidation is the moral equivalent of murder). This is a fantastic way to end the week (this decision was delivered late on a Friday). It's altogether very good news. CAFC has put out there quite a few precedential decisions against software patents recently. More on SCOTUS and CAFC will be published tomorrow (the less pressing/urgent news).

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