SCOTUS Looks at Patents, Again

M$, strangely, is arguing in favour of making invalidation of patents easier. Go M$! I am all in favour of disallowing all software-patents so a finding in favour of M$ is good for me here. The particular case is a feature of Word involving HTML that is rarely used by consumers of M$’s product yet M$ was ordered to pay $millions to i4i. SCOTUS is to hear the arguments today.

see GROKLAW – Why FOSS Cares

The particular issue relevant to FLOSS is that FLOSS development and documentation may not be sufficient to serve as “prior art” in challenges to patents. Mere testimony that something existed is insufficient with the current rules from the Federal Cirtuit. They want current and widely used software, not some history. Even lost e-mails may prevent physical evidence being presented that sways a court about the state of IT. FLOSS evolves faster than the USPTO and the courts can keep up apparently…

see also ivi v M$

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
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