6 ms·
Most of these are district court cases. The USA has a patent appeals court, the Court of Appeals for the Federal Circuit [0], that takes all patent appeals nati
by WildUtah 12y ago
Most of these are district court cases. The USA has a patent appeals court, the Court of Appeals for the Federal Circuit [0], that takes all patent appeals nationally. The doctrine about "do it on a computer" patents will be formed by three judge panels chosen randomly from that appeals court, not by the districts.
But the very good sign from these cases is most were decided on the pleadings. That means there was no expensive discovery or claim construction procedure, much less a jury trial. A decision on the pleadings means that even in the best possible light, the patent holder doesn't have a case at all according to the judge. There is no cheaper way to dispose of an expensive and lengthy lawsuit. And a rule that can be disposed of on pleadings is exactly what reformers wanted from the Supreme Court.
The CAFC has seen a few of these and so far Taranto and Hughes, two of the newest Obama judges, have acquitted themselves superbly. We have well written and conclusive decisions from them calling the whole "do it on a computer" mess ineligible.
We'll have to wait and see how the more enthusiastic radicals for patenting everything influence the outcomes. Three judges that wanted to hand a monopoly on the centuries old, trillion dollar financial settlement industry to Alice even when no technological procedures were disclosed in their patent are still on the court: Moore, O'Malley, and Newman. Lourie was the swing vote in that decision and also says that Ultramercial [1] should have a monopoly on interstitial internet advertising because they wrote the century old idea up with 'on the internet' tacked onto the end. There are eleven judges and one empty slot on the CAFC so those four make up a large minority that will likely press for "on a computer" patents to come back.
Chief Judge Prost, Judge Dyk, and the three new Obama appointees seem much more rational and good for our industry. We should hope they are the ones who shape the interpretation of Alice in the future.
And remember that while "on a computer" patents -- the ones that describe a conventional business and add "on a computer" or "on the internet" without anything added to known technology -- are falling, lots of damaging software patents are still out there and apparently unharmed. The h.264 and mp3 patents that block open and free media players and browsers are still functioning. The ZFS and JFS patents that make BTRFS illegal are still out there. The compiler and VM patents from IBM, Sun, and others that hang over the head of anyone who writes either still exist. The long filename patents and others that Microsoft uses to tax Android are still taxing. The UI patents on smartphones that drive the smartphone wars are still driving them. New patents on computer vision, deep neural nets, machine learning, GPU computation, multithreading techniques, and more are being granted every tuesday.
Lucky for us, software patents that are on actual software are a lot less lucrative than the ones on business "on a computer." Even in smartphone litigation, most of the money verdicts depend on the shape of the box a smartphone comes in; don't steal the idea of a rounded rectangle and your lawsuit will be for tens of millions instead of billions. Still, every kind of software patent is bad, dishonest, and harmful to our industry and progress. They all need to go.
[0] http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Federal_Circuit http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_...
[1] http://www.patentdocs.org/2013/06/ultramercial-inc-v-hulu-llc-fed-cir-2013.html http://www.patentdocs.org/2013/06/ultramercial-inc-v-hulu-ll...
- yuhong 12y agoI think the H.264 and MP3 patents basically patents math. I wonder if it can be invalidated using similar reasoning. The aforementioned Microsoft patents are on my wishlist for Satya BTW: http://yuhongbao.blogspot.ca/2014/08/my-wishlist-for-satya.html http://yuhongbao.blogspot.ca/2014/08/my-wishlist-for-satya.h...
- jandrewrogers 12y agoAlgorithm patents do not patent math, they patent processes that are describable with math. It is the difference between patenting the concept of "sorting" and patenting a specific sorting algorithm; only the latter is allowed. The conceptual test for patentability of an algorithm in most countries is that it is directly reducible to practice as a novel electronic circuit design. All patentable subject matters are directly describable with math in exactly the same way as proper algorithm patents, and chemical process patents have an identical abstract structure (just change "bits" to "atoms"), so any specific argument against algorithm patents would consistently apply to most or all patentable subject matters.
- bane 12y agoThe problem with patenting a specific algorithm is that a human sitting at a desk with a piece of paper and a pencil can perform pretty much any algorithm. It might be hard for a human to do, or a group of humans to do, but it's still conceivable. A great many algorithms we use and enjoy today were developed with nothing more than a blackboard and a piece of chalk after all...well before being committed to code or circuit. Doing it "on a computer" just means it's faster and less error prone, but in theory, just about any algorithm can be done without a specific software or hardware implementation. But algorithms, can be described as math, but nonobvious and useful processes can also be patented. So can improvements to existing processes. A simple example, the Fast Inverse Square Root is nonobvious and useful, even if it's simple in execution. Novel algorithm design can also be the result of years of work. And in theory patents would have allowed the inventor of the algorithm to recoup that development cost through a short term monopoly. And I think that's fine. But that short term is turning into long term and I think that's a problem. The irony is that attempts to lengthen the term of monopoly granted by a patent might in the end undo the whole system.