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This is a big test for IV, but I am uncertain that it will individually change the course of affairs for the general patent question. The second This American L
by stuart78 13y ago
This is a big test for IV, but I am uncertain that it will individually change the course of affairs for the general patent question. The second This American Life episode cited by Reuven includes a good indication of why. These cases seem often to be examined not on underlying principle, but on the direct evidence. The 'network update' patent from TAL was busted not because the patent itself was found to be ambiguous or over-broad but because its authorship was incorrectly assigned to only one of its 'inventors'. Super narrow and no principle other than "check your application more carefully next time".
In my opinion, this is how it should be. Courts should enforce the law, not change it (excepting the Supreme Court's right to reject the unconstitutional). For that, we need to work through Congress to modernize the definition of patents in respect to software.
These cases play an important role in that process, which is to create a body of guidance on how software patents are being used and how they are being challenged, for statutory reform and/or legal appeal.
[[As is probably obvious, I am not a lawyer, so I apologize for any legal inaccuracies in the above]]
- reader5000 13y agoCourts are to interpret the law. The legislature says "all horses are animals." The courts have to answer "what about baby horses? dead horses? are things that are not horses also animals or can only horses be animals? is a zebra a horse? what about a horse embryo? who can decide what is a horse or not? etc etc." The courts have to answer these questions in such a way as to make life as least shitty as possible. So yes, the validity of shitty patents is totally up for the courts, but of course the legislature can weigh in any time.
- erkkie 13y agocommon law vs civil law - https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html https://www.law.berkeley.edu/library/robbins/CommonLawCivilL... It's mostly how you describe (for better or worse) in countries following civil law, the US follows common law.
- ubernostrum 13y agoThe problem is that the current mess is not due to changes in law, but to changes in court decisions. The courts should clean up their mess.