Supreme Court

This morning the U.S. Supreme Court issued an important decision concerning software patents and took a small-but-meaningful step in the right direction. In Alice Corp. v. CLS Bank, the Court reaffirmed that abstract ideas are not by themselves patentable and unanimously held that the software at... Read more
3 comments Posted 19 Jun 2014 by Rob Tiller (Red Hat) Feed
patent trolls
Patent trolling—the aggressive assertion of weak or meritless patent claims by non-practicing entities—is a frequent target of disdain from open source enthusiasts. Thus it may be of some comfort to readers that the highest court in the US has recently decided the issue is worth looking into. Three... Read more
1 comment Posted 30 Apr 2014 by Adam Saunders Feed
will invalidating patents get easier?
You’ve probably realized this by now, but the Supreme Court is having a very busy term when it comes to patent cases. In Nautilus, Inc. v. Biosig Instruments, Inc.—scheduled for oral argument on April 28—the Court will consider whether to hold vague patents to a more exacting standard.
0 comments Posted 19 Mar 2014 by David Perry (Red Hat) Feed
peering into the patent haze
Software patent thickets are often compared to minefields, but with a note of resignation, as though there’s no avoiding them. The U.S. Supreme Court now has before it a case that could go a long way towards addressing the litigation risks and business uncertainties created by software patents. The... Read more
1 comment Posted 4 Mar 2014 by Rob Tiller (Red Hat) Feed
Software patents: a note on the new CLS Bank case
The law of software patents took an interesting, and ultimately encouraging, turn a little more than a week ago. In the CLS Bank case, ten judges of the Federal Circuit issued five separate opinions, without any single legal theory gaining a majority. Their debate showed that the scope of the... Read more
6 comments Posted 20 May 2013 by Rob Tiller (Red Hat) Feed
Yesterday, the Supreme Court vacated Association for Molecular Pathology v. Myriad Genetics and remanded the case for further consideration in light of last week's Prometheus decision, which stated that the laws of nature are unpatentable. The Myriad case concerns the patentability of the BRCA1... Read more
3 comments Posted 27 Mar 2012 by Ruth Suehle (Red Hat) Feed
Supreme Court
The Supreme Court’s new opinion on patent eligibility is an important step in the right direction in addressing the problem of software patents. It shows that the Court is mindful of the risks that patents can hold for innovation, and will provide a useful precedent for the next big software... Read more
37 comments Posted 23 Mar 2012 by Rob Tiller (Red Hat) Feed
The Supreme Court's Golan decision gives short shrift to the public domain
In a decision that favored the 1% (copyright owners) over the 99% (consumers and the public domain), the U.S. Supreme Court recently held that neither the Patent and Copyright Clause of the U.S. Constitution nor the First Amendment prohibits the removal of works from the public domain. Golan v... Read more
0 comments Posted 2 Feb 2012 by Tyler Ochoa Feed
When the Supreme Court declined to speak to software patenting in the Bilski case, there was wailing and gnashing of teeth in the open source software world. The new Bilski test for patentable subject matter looked at first like the status quo for software patentability. But, being the sort of... Read more
7 comments Posted 18 Jul 2011 by Rob Tiller (Red Hat) Feed
A case now before the Supreme Court could lower the threat level created by bad patents in a meaningful way. The issue before the Court is whether to change the burden of proof on patent invalidity from clear-and-convincing evidence to the preponderance standard. This change would be good for... Read more
25 comments Posted 3 Feb 2011 by Rob Tiller (Red Hat) Feed

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