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Wouldn't the signal sent by abolishing all future software patents likely bias courts in the direction of not upholding current software patents even if we didn
by shawn-furyan 13y ago
Wouldn't the signal sent by abolishing all future software patents likely bias courts in the direction of not upholding current software patents even if we didn't explicitly invalidate all current patents? It seems that it would be a lot harder to get a judgement against an "infringer" of a bogus software patent if all software patents were considered invalid. So even if we didn't get all past software patent awards retroactively invalidated it seems plausible that it would significantly declaw them.
It seems like the holder of a software patent would really have to have something to get it to stick in such an environment. Because of that potentiality it doesn't seem like an all or nothing proposition to me.