🚀 go-pugleaf

In <bhayden.720799549@teal> bhayden@teal.csn.org (Bruce Hayden) writes:

>>  You may call this incompetence of the patent office.  I am not so sure.
>>  Many decisions have upheld the right to both copyright and patent certain
>>  aspects of programs and their interfaces (both user and programmatic).  
>>  None of these decisions have gone to the Supreme Court as of yet, and
>>  I expect some will in the not too distant future.  Until this all gets
>>  worked out, who knows what the outcome might actually be?

>>  Jon Rosen

>I would be interested in any issued software patents that have been
>recently litigated as to validity, even in the District Courts. 
>I have been looking for them, and haven't seen any. This is different
>from appeals from the PTO to the CAFC where the proceedings are 
>entirely ex parte. The reason I ask this question is that I believe
>that many of these patents are issueing through incompetence, and
>the only test is going to be when someone actually sues for infringement.
>Don't you think that it is peculiar that IBM and the other major
>software patent players are not trying to enforce their software patents
>yet are fairly agressive enforcing their hardware patents?

See the case of Arrythmia v. Corazonix, in which a District Court
explicitly considered the validity of a software patent.


Carl Oppedahl AA2KW  (intellectual property lawyer)
30 Rockefeller Plaza
New York, NY  10112-0228
voice 212-408-2578     fax 212-765-2519