software patents

Yesterday a patent reform bill passed in the Senate, but the sound and fury don't seem to signify much. The legislation as it evolved has shed most of the features that could have been controversial, or could have significantly improved the current patent system. The press around this legislation,... Read more
7 comments Posted 9 Mar 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
Much of the problem with the current U.S. patent system involves haze. Whether it is ambiguity regarding what the patent covers or murkiness about whether the technology covered by the patent is actually new, patent plaintiffs regularly use this uncertainty to their advantage. This ambiguity–often... Read more
6 comments Posted 11 Jan 2011 by Erick Robinson Feed
By nature of our interests and where open source commonly intersects the law, we post a lot about patents in the Law channel on opensource.com. And it's been an interesting year for patents. In May, a verdict was delivered in favor of Red Hat and Novell in an infringement case based on bad software... Read more
0 comments Posted 30 Dec 2010 by Ruth Suehle (Red Hat) Feed
The U.S. Supreme Court recently agreed to hear an appeal regarding the evidentiary standard for invalidating patents. The case involves a judgment against Microsoft Corporation in favor of i4i Limited Partnership. If the Court accepts Microsoft's arguments, it could be good news for the FOSS... Read more
0 comments Posted 14 Dec 2010 by Mike Pavento Feed
The serious problem of proliferating bad software patents was not solved by the Supreme Court's Bilski decision, but now it's looking like it may be part of the solution. The early case law applying Bilski is much more encouraging than expected. The new Bilski test focuses on whether an... Read more
40 comments Posted 18 Nov 2010 by Rob Tiller (Red Hat) Feed
When the Supreme Court decided the Bilski case, it didn't speak directly to the issue of software patents.  But the Bilski majority  emphasized that abstract ideas are not patentable, and recognized that allowing patents for abstract ideas could hinder innovation.  Thus there's still room for... Read more
11 comments Posted 30 Sep 2010 by Rob Tiller (Red Hat) Feed
Eben Moglen's keynote address at LinuxCon last week, "Doing What it Takes: Current Legal Issues in Defending FOSS," called for a strategic shift in the free software movement. Moglen, the founding director of the Software Freedom Law Center (SFLC) and one of the principal drafters of the GPLv3,... Read more
2 comments Posted 19 Aug 2010 by Ruth Suehle (Red Hat) Feed
Recently the NZ govt announced that it was to remove software from the list of items that can be patented. This decision came after hectic lobbying from the open source community on one side and the proprietary vendors on the other side.
17 comments Posted 26 Jul 2010 by Venkatesh Hariharan (Venky) (Red Hat) Feed
The Supreme Court case of Bilski v Kappos was billed as a case over business methods, but at its core it was over an application for a patent on software, and the denial of that application sets a good example that may lead to the denial of other software patents.
1 comment Posted 13 Jul 2010 by Ben Klemens Feed

Pages