I wish I could share your enthusiasm but I don't see this
as a moment for
victory dances. I see this mostly ambiguous
ruling by the Federal Circuit as
only a crack in the wall.
I do however feel encouraged by what I see as
a
convergence between this, USPTO's hearings, the DOJ's
investigation into
SEPs, even the EU's questioning of
Motorola, all as components that will in the
end converge
toward a viable solution, but it is all going to take some
time
yet. If we are patient however, in a few years we may
see an entirely different
landscape as far as patents go.
While the investigation into SEPs at
the moment seems to
be mainly an attack on Google, in the process of
investigating SEPs these institutions can't fail but to see
the greater
perspective in the end. SEPs cannot be viewed in
isolation. Motorola is only
using SEPs to defend itself from
attack by non-SEP patents. In the end, the
problem is
software patents, SEP or not.
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