Biggest “patent troll” slapped down hard by appeals court

The patent also contains a method claim, but it “recites a process of taking two data sets and combining them into a single data set,” the judges noted. “Without additional limitations, a process that employs mathematical algorithms to manipulate existing information to generate additional information is not patent eligible,” wrote the judges.

The language used seems like a fairly broad application of the new Section 101 law. If the logic is used by other appeals and district court judges, it suggests that the results from Alice v. CLS Bank could invalidate a wide range of software-based patents.

via Biggest “patent troll” slapped down hard by appeals court | Ars Technica.

Intuit beats Web encryption patent that defeated Newegg at trial

TQP has been arguing for years that using Secure Sockets Layer (SSL) or Transport Layer Security (TLS) combined with the RC4 encryption cipher infringes its patent. The company’s former owner, renowned “patent troll” Erich Spangenberg, acknowledged during a trial last year that he has made more than $45 million in settlements on the TQP patent. TQP is one of dozens of patent groups that he owns.

via Intuit beats Web encryption patent that defeated Newegg at trial | Ars Technica.

The Supreme Court unanimously holds the software at issue is no more than an abstract idea

In any case, it would be mistaken to read the case as grounds for invalidating all software patents.

But it most certainly does provide a basis for invalidating some bad software patents. This is progress. As lower courts apply the Supreme Court decision, we may see more progress.

via The Supreme Court unanimously holds the software at issue is no more than an abstract idea | Opensource.com.

The Supreme Court doesn’t understand software, and that’s a problem

The evidence suggests that in the software industry, the patent system does more to hinder innovation than to reward it. Inventors spend more money defending themselves against patent lawsuits than they earn from patent royalties. More and more entrepreneurs are losing sleep about the risk that patent litigation will drive them into bankruptcies. And companies that traditionally haven’t had to worry about the patent system, like restaurants, grocery stores, and casinos, are facing demands from trolls over dubious patents, most of which involve software.

via The Supreme Court doesn’t understand software, and that’s a problem – Vox.

How Amazon got a patent on white-background photography

The problem is not with the examiners, but with the law that governs that examination. That law makes it possible to get patents on ideas that any ordinary person would find old, well-known, and obvious.

via How Amazon got a patent on white-background photography | Ars Technica.

The result in Hear-Wear explains the result in the Studio Arrangement patent application. In both cases, the inventive idea, embodied in the independent claim, was shown to be old and well-known by a prior art reference. And in both cases, a seemingly trivial add-on feature in a dependent claim ended up being the feature that tipped the balance from obvious to nonobvious—a multi-pronged plug in one, and a distance ratio in the other. Because in both cases, that trivial feature was so ordinary that no one would have taken the time to describe it in a printed publication, but without such a publication, according to the Federal Circuit’s rules, obviousness cannot be proved.

This, in my view, is why the examiner did not even attempt to reject claim 3. A distance ratio may seem trivial, unimportant, or uninventive, but absent a written prior art reference, that distance ratio can sustain a whole patent claim. However obvious such an element may sound, it remains nonobvious according to the letter of the law, and that is all that is needed for the patent application to leave the examiner’s desk and move to allowance.

Crushing Blow for Copyright Trolls: Appeals Court Halts AF Holdings’ Extortion Scheme

This same coalition has fought for years in courts around the country to explain how the trolls were abusing the legal process to extort settlements from unsuspecting John Does.  While several district courts have agreed, this is the first time a federal appeals court has weighed in.

via Crushing Blow for Copyright Trolls: Appeals Court Halts AF Holdings’ Extortion Scheme | Electronic Frontier Foundation.

“Once a troll gets the names it’s looking for, then it already has what it needs to put its shakedown scheme in motion,” EFF Staff Attorney Mitch Stoltz said.

Music Distributor Claims Right to Monetize JFK Speech

Somehow the system has ‘awarded’ Believe Digital and Harley & Muscle “the rights” to go around monetizing this particular JFK speech based on their remix of the work more than 50 years later. That may have happened because speeches themselves don’t qualify for ContentID, potentially designating Harley & Muscle as the original publisher. However, those very same rules could also exclude their track from ContentID, but clearly didn’t.

via Music Distributor Claims Right to Monetize JFK Speech | TorrentFreak.

us8676045 – Photography lighting (Amazon) – Issued Patent

Photographing subjects against a white background, where that background is lit to, in effect, be overexposed and thus providing what is known as a high key image is a standard technique. see the following link for more info.. in fact looking at the pictorial description it looks remarkably similar..

http://photography.tutsplus.com/tutorials/the-complete-beginners-guide-to-shooting-high-key–photo-2949

via us8676045 – Photography lighting (Amazon) – Issued Patent – PRIOR ART REQUEST – Ask Patents.