Software Patents And The Associated Legal Implications! "A Generation of Software Patents"

Software patent lawsuits.

A Generation of Software Patents http://snapvoip.blogspot.com/
A paper by Boston University's James Bessen, "A Generation of Software Patents" takes one through the current state of patents and 20 years of it's journey while introducing you to the ridiculous state of patent affairs. After researching through a generation of software patents, from award of a patent (patent 5,440,676, Alappat) to the expiration of the same, the researcher concludes, that "software patents have 'NOT' provided a net social benefit in the software industry." (a major omission by me 'NOT' was discovered by reader Michael)
Link to the complete paper at the end of the article. Read it and educate yourself.

Abstract

This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.

Introduction

In 1994, the Court of Appeals for the Federal Circuit decided in In re Alappat that an invention that had a novel software algorithm combined with a trivial physical step was eligible for patent protection. This ruling opened the way for a large scale increase in patenting of software. Alappat and his fellow inventors were granted patent 5,440,676, the patent at issue in the appeal, in 1995. That patent expired in 2008. In other words, we have now experienced a full generation of software patents. The Alappat decision was controversial, not least because the software industry had been highly innovative without patent protection. In fact, there had long been industry opposition to patenting software. Since the 1960s, computer companies opposed patents on software, first, in their input to a report by a presidential commission in 19664 and then in amici briefs to the Supreme Court in Gottschalk v. Benson in 1972 (they later changed their views). Major software firms opposed software patents through the mid-1990s. Perhaps more surprising, software developers themselves have mostly been opposed to patents on software. Surveys of software developers in 1992 and 1996 reported that most were opposed to patents.

A Generation of Software Patents
http://www.bu.edu/law/faculty/scholarship/workingpapers/2011.html

Apple Files Motion To Intervene Against LodSys

Apple Files Motion To Intervene Against LodSys http://snapvoip.blogspot.com/

As expected, even though a bit late, Apple has stepped up to the plate and filed a motion to intervene against the proceedings against iOS app Developers that LodSys targeted.
FOSS Patents has uploaded the motion and its attachments (except for a sealed one) to this Scribd folder.
We hope that court court grants the Apple to be an intervenor, Apple already has the answer to complaint and the counterclaim filed.
We are very much interested in this development and wish that the court grants Apple's and our wish and mainly those developers who got sued. Interpreting the motion, Apple seems to backing those developers, as it stated explicitly that the sued app developers are;
"are individuals or small entities with far fewer resources than Apple and [...] lack the technical information, ability, and incentive to adequately protect Apple's rights under its license agreement."
Even though Apple is not seeking to invalidate LodSys patents, at the moment, there are others who do.
FOSS Patents has much more information on the matter and more.

Judge Denies A Summery Judgment In Oracle - Google Copyright Infringement Case

Oracle - Google Case http://snapvoip.blogspot.com/
Google was denied in it's request for summery judgment in the  Oracle Google Android case, according to a post on Foss Patents blog
The District Court for the Northern District of California took Oracle's side, in Google's motion for summary judgment against Oracle's copyright infringement allegations.

"Having considered both parties' submissions, this order finds that good cause has not been shown to engage in a summary judgment battle at this time."

But all is not bad news, as this does not mean Oracle will prevail. It is just that Google failed prove that that Oracle claims are bogus and should be dismissed without further scrutiny.

"Google's request is DENIED without prejudice to renewal after a more complete evidentiary record has been developed through discovery."

This according to Foss patent blog means, Google gets another chance to go at it once all the evidence on the table, at the end of discovery. Oracle's answer to the motion seem to have helped a lot in this decision.
Perhaps Google was bidding time for cleaning up and modifying the Java engine so the disruption to Android is minimal.
But the article and related stuff on the FOSS Patents are pretty interesting. But I am sure Android will go on!