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Supreme Court rules against Microsoft in major patent case

techflash.com

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Re: Supreme Court rules against Microsoft in major patent case

#2
That is a scary ruling. It basically strengthens software patents (and all patents for that matter). But in particular solidifies that once you have a patent, you aren't likely to get them overturned in court.

If you can invest in a patent troll -- now is a good time.

Re: Supreme Court rules against Microsoft in major patent case

#3

That is a scary ruling. It basically strengthens software patents (and all patents for that matter). But in particular solidifies that once you have a patent, you aren't likely to get them overturned in court. If you can invest in a patent troll -- now is a good time.

If you look at the details of the case, you will see that this was NOT a patent troll. i4i had started work to integrate their product with MS Office and started negotiations with Microsoft for licensing; then Microsoft in effect said "no thank you" and proceeded to implement the same (patented) technology on their own. While I am opposed to software patents, and despise patent trolls, I believe that this case should definitely not be misrepresented and linked to patent trolls.

Re: Supreme Court rules against Microsoft in major patent case

#4
post #3

That is a scary ruling. It basically strengthens software patents (and all patents for that matter). But in particular solidifies that once you have a patent, you aren't likely to get them overturned in court. If you can invest in a patent troll -- now is a good time.

If you look at the details of the case, you will see that this was NOT a patent troll. i4i had started work to integrate their product with MS Office and started negotiations with Microsoft for licensing; then Microsoft in effect said "no thank you" and proceeded to implement the same (patented) technology on their own. While I am opposed to software patents, and despise patent trolls, I believe that this case should…

No, I don't think i4i is a patent troll, and it wasn't my intent to imply they were.

I was rather pointing out that patent trolls also win with this verdict. Software patents are stronger, and are harder to overthrow in court, even if you have, for example, prior art.

My point wasn't to say anything about the specifics of this case, which are complicated, but rather that an unintended side effect is that it does help patent trolls.

Re: Supreme Court rules against Microsoft in major patent case

#5
It's so ridiculous theyre essentially patenting generic syntaxes for representing documents that anybody "skilled in the art" would come up with in 5 minutes. It would have been much better for small developers if Microsoft won this. It's funny how this is treated as a win for the little guys, who can't afford massive patent portfolios nor litigation battles like Microsoft.

Re: Supreme Court rules against Microsoft in major patent case

#6

That is a scary ruling. It basically strengthens software patents (and all patents for that matter). But in particular solidifies that once you have a patent, you aren't likely to get them overturned in court. If you can invest in a patent troll -- now is a good time.

It doesn't strengthen software patents. It upholds the lower court's decision and says the standard of proof will continue to be applied as it has in the past. Ruling in Microsoft's favor would have loosened the requirements to prove a patent invalid.

Don't get me wrong, it's the least favorable of the two, but it doesn't make things worse; it just doesn't make things better.

Re: Supreme Court rules against Microsoft in major patent case

#7

That is a scary ruling. It basically strengthens software patents (and all patents for that matter). But in particular solidifies that once you have a patent, you aren't likely to get them overturned in court. If you can invest in a patent troll -- now is a good time.

It doesn't strengthen software patents. It upholds the lower court's decision and says the standard of proof will continue to be applied as it has in the past. Ruling in Microsoft's favor would have loosened the requirements to prove a patent invalid. Don't get me wrong, it's the least favorable of the two, but it doesn't make things worse; it just doesn't make things better.

but it doesn't make things worse; it just doesn't make things better

Absolutely correct. Man, I wrote a bad comment. :-)

When I said it makes it stronger, I meant against the alternate universe where MS wins the case. Your statement is much clearer.

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