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Google's waived invalidity defense & Bilski? | 400 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Google's waived invalidity defense & Bilski?
Authored by: SLi on Saturday, May 12 2012 @ 07:02 AM EDT

Because the patent office doesn't like the reasoning of the Supreme Court. And because even the Federal Circuit (where all patent cases are litigated) doesn't like the reasoning of the Supreme Court.

I think the entire history of patents in US is PTO and Federal Circuit interpreting the limitations in a ridiculously expansive way and Supreme Court slapping them in turn.

[ Reply to This | Parent | # ]

Google's waived invalidity defense & Bilski?
Authored by: Steve Martin on Saturday, May 12 2012 @ 07:21 AM EDT

Bilski did not invalidate software patents. It just upheld the lower courts' rulings that the patent-in-suit was invalid. (See Groklaw's analysis here.)

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | Parent | # ]

Google's waived invalidity defense & Bilski?
Authored by: Anonymous on Saturday, May 12 2012 @ 08:03 AM EDT
In Europe software patents were being granted by patent
offices even when they were't enforceable. The reason for
this was that even though they weren't enforceable in most of
Europe at the time, patenting them in Europe was a
requirement for allowing them to be enforced in countries
like the US where they were recognised to be enforceable. To
do otherwise would put European companies at a disadvantage.
Unfortunately this also makes it easier for pro-patent
lobbies to push to make patents on software enforceable in
Europe.

[ Reply to This | Parent | # ]

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