6:18 pm on January 11, 2011 · bilski (4), nytech (12), patents (5)

New York Tech Council Events next week- Software Patents / Cloud Payment Methods

The New York Tech Council is presenting two events next week:

Tuesday:

Patent Protection Update: Software and Financial Method Patents
Has the recent U.S. Supreme Court decision in Bilski v. Kappos significantly altered the landscape for business method patents for software and financial processes?

PANEL:
Charles B. “Chuck” Meyer – i2i Resolutions Group
Richard Raysman – Holland & Knight
David Bomzer – Day Pitney

WHEN: Tuesday January 18, 2011, 6:00 PM
WHERE: Herman Miller Design Center, 1177 Ave of the Americas, 17th Fl., NY, NY 10036
RSVP: https://www.nytech.org/event-details.php?eid=1025 ($20)

Wednesday:

Payment Card Security Compliance in the Cloud
PCI-DSS compliance in a cloud environment is a complex subject, fraught with ambiguities. In this event, we explore this issue critical to anyone doing business in the cloud.

SPEAKER:
Matt Tavis – Amazon Web Services

WHEN: Wednesday January 19, 2011, 6:00 PM
WHERE: Eisner Amper, 750 Third Ave., Fl. 16. NY, NY 10017
RSVP: https://www.nytech.org/event-details.php?eid=1026 ($20)

12:47 pm on June 28, 2010 · bilski (4), law (47), patent (10), scotus (3)

Supreme Court on Bilski – no but whatever..

The Supreme Court opinion in re:Bilski is in.  With typical ambivalence it upheld the federal court’s decision while rejecting it’s reasoning, replacing the machine-or-transformation test with essentially no test at all. The Court rejected the patent just because it was an “abstract idea”. From the syllabus:

The machine-or-transformation test is not the sole test for patent eligibility under §101. Although that test may be a useful and important clue or investigative tool, it is not the sole test for deciding whether an invention is a patent-eligible “process” under §101. In holding to the contrary, the Federal Circuit violated two principles of statutory interpretation: Courts “‘should not read into the patent laws limitations and conditions which the legislature has not expressed,’” Diamond v. Diehr, 450 U. S. 175, 182, and, “[u]nless otherwise defined, ‘words will be interpreted as taking their ordinary, contemporary, common meaning,’” ibid. The Court is unaware of any ordinary, contemporary, common meaning of “process” that would require it to be tied to a machine or the transformation of an article.
. . .
Because petitioners’ patent application can be rejected under the Court’s precedents on the unpatentability of abstract ideas, the Court need not define further what constitutes a patentable “process,” beyond pointing to the definition of that term provided in §100(b) and looking to the guideposts in Benson, Flook, and Diehr. Nothing in today’s opinion should be read as endorsing the Federal Circuit’s past interpretations of §101.

So this would seem to leave the whole question of software patents as wide open as ever.

Opinion is at http://www.supremecourt.gov/opinions/09pdf/08-964.pdf

2:39 am on April 17, 2010 · bilski (4), free culture (25), fsf (3), moglen (2), patent (10)

Film: ‘Patent Absurdity: how software patents broke the system’

Last October ISOC-NY webcast a talk by Eben Moglen ‘Patent Law at a Crossroads: Bilski and Beyond‘ concerning an important case before the United States Supreme Court that’s outcome could affect the validity of many software patents. Now a new movie ‘Patent Absurdity: how software patents broke the system‘ has been produced on the same topic. Watch it below:

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12:35 am on November 25, 2009 · bilski (4), patent (10), webcast (110)

On October 9, 2009, the University of Ri…

On October 9, 2009, the University of Richmond IPI held its third annual Evil Twin Debate, featuring Professor John Duffy of George Washington University Law School and Professor Jay Thomas of Georgetown Law Center debating “Bilski and Patentable Subject Matter: Method or Madness?”

More information and a link to the video can be found here.