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Posted in Courtroom, Patents at 10:19 am by Dr. Roy Schestowitz
Summary: The Bilski decision is finally out and now available as plain text too
THE decision is out as PDF [PDF] and as text (we have just converted it). Read it along with us and comment below with the findings. We’ll cover interpretations over the coming days. The ruling says: “As numerous amicus briefs argue, the machine-or-transformation test would create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals.” █
Update: Early reactions include:
[16:03] [Notice] -BNi to #boycottnovell- [satipera/@satipera] Bilski looses !fs !free !linux !foss !floss !techrights #swpats [16:04] [Notice] -BNtwitter to #boycottnovell- [fosspatents] #Bilski ruling suggests very broad scope of patentability, awaiting more news but so far disappointing to me ( I follow @scotusblog ) [16:05] [Notice] -BNtwitter to #boycottnovell- [glynmoody] RT @genomicslawyer Bilski affirmed. Opinion available here: http://bit.ly/aU9JLz >>everyone get reading #bilski #swpats [16:06] [Notice] -BNtwitter to #boycottnovell- [jwildeboer] RT @fontana #Bilski decision http://is.gd/d7JT3 #SCOTUS [16:06] Title: Not a web page! Aborting application/pdf type .::. Size~: 0 KB [16:08] [Notice] -BNtwitter to #boycottnovell- [jwildeboer] with #bilski in, we can now check if everything under the sun is patentable. [16:08] [Notice] -BNi to #boycottnovell- [satipera/@satipera] “machine or transformation test” is NOT the sole test for eligibility to obtain a patent. !fs !free !floss !foss !linux !techrights #swpats [16:27] [Notice] -BNtwitter to #boycottnovell- [glynmoody] “I find it hard to believe that many of our entrepreneurs forwent business innovation because they could not claim a patent” – Bilski p. 41 [16:31] [Notice] -BNtwitter to #boycottnovell- [glynmoody] “the patent laws are not intended to “creat[e] a class of speculative schemers” oh really? – Bilski p.46 [16:32] [Notice] -BNtwitter to #boycottnovell- [schestowitz] “The machine-or-transformation test would create uncertainty as to the patentability of software” -SCOTUS http://ur1.ca/0emgk #swpats [16:33] [Notice] -BNi to #boycottnovell- [schestowitz/@schestowitz] The #Bilski decision is finally out, as plain text http://ur1.ca/0emgk #swpats #patents #bilski !techrights supporters, please share [16:36] [Notice] -BNtwitter to #boycottnovell- [glynmoody] “costs of business method patents not only may stifle innovation, but they are also likely to stifle competition” true of swpats Bilski p.46 [16:41] [Notice] -BNtwitter to #boycottnovell- [schestowitz] “State Street [...] piece of s/w could be patented and addressed only claims directed at machines” -SCOTUS http://ur1.ca/0emgk #swpats [16:43] [Notice] -BNtwitter to #boycottnovell- [glynmoody] Judge Stevens writes strongest analysis: “I concur in the judgment, I strongly disagree with the Court’s disposition of this case” Bilski [16:43] [Notice] -BNtwitter to #boycottnovell- [ruiseabra] Neither pork nor sausage in #Bilski decision? Is that what should be expected from a ‘supreme’ court? [16:48] [Notice] -BNi to #boycottnovell- [ml2mst/@ml2mst] ♺ @schestowitz: The #Bilski decision is finally out, as plain text http://ur1.ca/0emgk #swpats #patents #bilski !techrights [16:50] [Notice] -BNtwitter to #boycottnovell- [zoobab] Bilski is out: http://ur1.ca/0em2c [16:54] [Notice] -BNtwitter to #boycottnovell- [zoobab] It appears that Stevens does think that business method patents are a problem, but couldn’t convince other SCOTUS judges http://ur1.ca/0emnv [17:04] [Notice] -BNtwitter to #boycottnovell- [fosspatents] #Bilski decision doesn’t invalidate even one software #patent http://bit.ly/9E0Mg6 gave #swpat abolition the widest berth possible
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