Archive for June, 2010

Bilski decision, as text

Monday, June 28th, 2010

Below is the court’s opinion, as text. For analysis, go to Bilski: analysis of Supreme Court decision.


Bilski’s out!

Monday, June 28th, 2010

Here it is:

ESP is collecting third-party analyses and we’re working on our own analysis here: has some details. Justice Kennedy wrote the court’s opinion. For anyone who can’t connect, here are their live-blog posts:


Late-comers guide: What is Bilski anyway?

Monday, June 28th, 2010

Everyone expects the US Supreme Court to publish their decision on the "Bilski" case today (June 28th 2010). The court has to decide on the validity of a patent on a business method, but that’s not the main issue. Everyone expects that patent to be rejected, but the main issue is that to reject a patent the court must give a general test and explain why this patent fails that test. We want to know if they’ll propose a test which will also be failed by some or all software patents.


No Bilski; last possible date: Monday 28th

Thursday, June 24th, 2010

No Bilski today. The only date left on the calendar for announcing decisions is Monday June 28th. The court confirmed today that Monday will be the last day for announcing decisions, so either we get Bilski then, or there’s a very remote possibility that they will hold Bilski until the new term after the Summer. Background on this case can be found at v. Kappos.

New Zealand software patents victory crumbling

Wednesday, June 23rd, 2010

NZICT (who’s NZICT?) reports that they convinced the politician in charge of the Patents Bill, Hon Simon Power, to do a u-turn and open the floodgates for software patents. The report was posted on a patent lawyer’s blog, then deleted, but copies have been mirrored:

More details below. People in NZ will have to work on this to prevent a catastrophe.


Still no Bilski; next dates: 24th, 28th

Monday, June 21st, 2010

Once again, after a tense morning, the opinions for the day are all announced and there’s still no Bilski. The remaining opinion dates are Thursday June 24th (announced last Friday) and Monday the 28th. For anyone new to the case, the background is described at,_USA).

German court ruling X ZR 27/07, upholding MS FAT patent, as text

Monday, June 21st, 2010

Below is the text, and links to machine translations to English, of the recent German court ruling “X ZR 27/07″.


Again, no Bilski. Only June 21 and 28 remain

Thursday, June 17th, 2010

The tension mounts. The additional session announced by the court is now over, and there’s still no Bilski. The two remaining days on the court’s calendar for opinions this term are June 21st and 28th. (For background about the case, see Bilski v. Kappos)

Yet again, no Bilski

Monday, June 14th, 2010

June 14th‘s opinions have been published, and Bilski’s not there. The SCOTUSblog folk at the court also confirm there’s no Bilski decision. The court has announced that they will additionally publish opinions this Thursday. The possibility of delaying the decision until the next term is very unlikely as Chief Justice Roberts said at a conference last week that Bilski will “almost certainly be issued on one of the next three Mondays – June 14, 21, or 28.” Since June 14th is now passed, and the 17th has been added, that makes three possible days for announcing Bilski: June 17th, 21st and 28th.

Patent Absurdity mailed to 200 policy setters

Monday, June 7th, 2010

Venture capitalist Brad Feld has mailed a copy of Patent Absurdity to 200 policy setters in the USA (see Who should see Patent Absurdity?). The 200 are influential people in companies, standards groups, academia, and the relevent political committees.


CSIRO wifi: a hardware or a software patent?

Wednesday, June 2nd, 2010

CSIRO is an organisation that holds a patent on wifi. They’ve already sued twenty companies and have said that they want royalties from “the entire industry”. If this includes software developers, then we have a problem. Can anyone help analyse if their patent is a software patent or a hardware patent? Thanks in advance.