EU parliament rejects software patents

[VetLegion]

The Eolas patent case ruling was overturned, for one...

What!? When?

http://seattletimes.nwsource.com/html/businesstechnology/2002261972_microsoft04.html

Wednesday, May 4, 2005 - Page updated at 12:00 a.m.

Microsoft loses appeal to limit damage awards

By Bloomberg News

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Microsoft lost a U.S. appeals-court bid to limit the damages software makers can be ordered to pay in some patent-infringement cases, on its way to a new trial in a dispute over a method of surfing the Internet.

A jury had told Microsoft to pay Chicago-based Eolas Technologies $521 million for infringement. Yesterday an appeals court let stand its earlier decision that upheld the infringement finding and ruled that Microsoft can be forced to pay damages based on overseas sales of software. Microsoft still gets a new trial to argue its claim that the patent is invalid.

[Asher]

http://news.com.com/Appeals+court+revisits+Eolas+decision/2100-1032_3-5596500.html

It was sent back for a new trial and the court affirmed the discovery of some prior art, which will likely invalidate the patent.

[Atahualpa]

In other news, the US system is far from perfect and is probably going to be changed soon... notably the possibility to oppose patents after they've been filed and the grant to the guy who first submitted the paper to the office (and not who necessarily invented it earlier).

By Declan McCullagh
URL: http://news.zdnet.com/2100-9588_22-5737961.html

The U.S. patent system will undergo its most substantial overhaul in decades if a bill introduced on Wednesday becomes law.

Rep. Lamar Smith, who heads the House of Representatives committee responsible for drafting patent law, said his proposal would improve the overall quality of patents and target some of the legal practices that have irked high-tech companies.

"The bill will eliminate legal gamesmanship from the current system that rewards lawsuit abuses over creativity," said Smith, a Texas Republican.

The Business Software Alliance was quick to praise the bill, saying in a statement that it goes a long way toward "improving patent quality, making sure U.S. law is consistent with that of other major countries and addressing disruptions caused by excessive litigation."

Probably the most sweeping change would be the creation of a process to challenge patents after they are granted by the Patent and Trademark Office. "Opposition requests" can be filed up to nine months after a patent is awarded or six months after a legal notice alleging infringement is sent out.

After an opposition request is filed, a panel of three administrative law judges will meet to review the controversy and, eventually, publish a written decision.

Another major change would be to award a patent to the first person to submit their paperwork to the Patent Office. Currently, patents are awarded to the first person who concocted the invention, a timeframe that can be difficult to prove.

Both of these alterations to federal law have been endorsed by Patent Office director Jon Dudas.

Companies such as Microsoft and Oracle have been calling for patent reform recently, saying that the current patent system is seriously flawed and must be repaired by Congress.

Microsoft has been especially critical of a legal framework that has caused it to spend $100 million a year defending itself against 35 to 40 lawsuits at any one time. Microsoft has gone on the legislative offensive after a jury awarded Eolas Technologies $565 million in damages--a decision that has been partially reversed--in a patent dispute over Internet Explorer.

Other changes the bill would make include recalculating the way damages are awarded--in a way that would make large jury awards more difficult to win--and make it more difficult to seek court injunctions.

Dennis Crouch, a patent lawyer at McDonnell Boehnen Hulbert & Berghoff in Chicago, said an earlier version of the legislation would have weakened the right to an injunction much more. "The proposed bill is a somewhat toned-down version of the draft that circulated this spring," Crouch said. "This version still has something to offend almost every interest."

Plus, one question, any european software company can file a patent in the united states?

[Atahualpa]

Originally posted by Asher

http://news.com.com/Appeals+court+revisits+Eolas+decision/2100-1032_3-5596500.html

It was sent back for a new trial and the court affirmed the discovery of some prior art, which will likely invalidate the patent.

The Eolas patent case ruling was overturned, for one...

[aneeshm]

Originally posted by Kuciwalker
Mathematical ideas, when billions are invested in them, are inventions

I'd have expected a better response , at least from someone as intelligent as you , Kuci . ( At least , I thought you were of above-average intelligence . )

[Kuciwalker]

I could say the same to yours. My point is apparently lost on you.

[Ben Kenobi]

Those nutty europeans!