Re: US Court tosses most Software Patents

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Steven M. Bellovin" <smb () cs columbia edu>
Date: October 31, 2008 11:44:00 PM EDT
To: dave () farber net
Cc: "ip" <ip () v2 listbox com>
Subject: Re: [IP] US Court tosses most Software Patents

The blog posting on groklaw
(http://www.groklaw.net/article.php?story=20081030150903555) notes that
the court's opinion explicitly did not say that.  Here's their quote
from the opinion (which I have not yet read myself):

        Therefore, although invited to do so by several amici, we
        decline to adopt a broad exclusion over software or any other
        such category of subject matter beyond the exclusion of claims
        drawn to fundamental principles set forth by the Supreme Court.
        See, e.g., Br. of Amicus Curiae End Software Patents; Br. of
        Amicus Curiae Red Hat, Inc. at 4-7. We also note that the
        process claim at issue in this appeal is not, in any event, a
        software claim. Thus, the facts here would be largely unhelpful
        in illuminating the distinction between those software claims
        that are patent-eligible and those that are not not.

There's more, but none of it supports the claim that "US Court tosses
most Software Patents".




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