Supreme Court Tech Law

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This weblog was created to share ideas about the development of Computer Law and Cyberlaw issues that receive attention in federal court litigation, particularly those issues that reach the U.S. SUPREME COURT. This blog is edited by:
Rod Dixon, J.D., LL.M.

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KSR International Co. v. Teleflex

25 06 07 - 23:28 The Supreme Court's recent unanimous decision in KSR International Co. v. Teleflex, Inc. criticized and modified the obviousness standard used in patent cases. The decision may make it more difficult to obtain new software patents or to protect existing software patents because the Court expressed agreement that formalistic views of what constitutes nonobviousness under Patent law has resulted in lawyerly drafting of patent claims making much ado about nothing. In other words, some patents are invalid because the invention is as obvious as a headache - - even if the word headache never appeared in a medical text book.

According to the Court - "The diversity of inventive pursuits and of modern technology counsels against confining the obviousness analysis by a formalistic conception of the words teaching,
suggestion, and motivation, or by overemphasizing the importance of published articles and the explicit content of issued patents. In many fields there may be little discussion of obvious techniques or combinations, and market demand, rather than scientific literature, may often drive design trends. Granting patent protection to advances that would occur in the ordinary course without real innovation retards progress and may, for patents combining previously known elements, deprive prior inventions of their value or utility."

Software programming, by its nature, often involves building upon the obvious and combining previously known objects or code.

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» Software Patents Does Microsoft v. ATT raise analogic implications for software patents? I say yes. And, consider the USPTO's instruction concerning subject matter patents.

"Similarly, computer programs claimed as computer listings per se, i.e., the descriptions or expressions of the programs, are not physical "things." They are neither computer components nor
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