THE battle in the courtroom is over. Software patents are pretty much over. So the battle has been taken to the press, where the patent 'industry' places its lies and marketing on an almost daily basis. We keep track of all this.
"So the battle has been taken to the press, where the patent 'industry' places its lies and marketing on an almost daily basis."Yesterday/today, using the word "survive" in the headline (inverting narratives, wherein the aggressor merely "survives" or is "attacked" by the defendant), the high-factor media of lawyers speaks of Alice and asks, "Will Any Software Patents Survive?"
Here is the outline:
In his Patent and Trademark Law column, Robert L. Maier writes: In recent weeks, the Federal Circuit has continued to affirm district court decisions finding software-related patents invalid for failure to meet the patentable subject matter requirement of 35 U.S.C. €§101. At the same time, a petition for certiorari to the Supreme Court was filed seeking to challenge the availability of this very defense—a petition that, if heard by the Supreme Court, could have dramatic implications for U.S. patent litigation.
"What does all this say about the patent law firms? Or about the media? "Going back to the subject of patents, TiVo has just won an ITC battle against rivals [1, 2, 3] and Uber got a patent on something which sounds like marketing and/or placebo effect (lots of these around, this time motion-induced sickness prevention for Uber's "own self-driving software"). This whole article is like an advert based on a patent and there are also press releases bragging about software patents this week. This particular one says:
StorONE is the first company in the last decade to invest a six-year period of massive research and development, covered by more than 50 awarded and pending patents, prior to its first software release.