This week at LWN: SCALE7x: Courts have new "teeth" to limit software patents

Posted by Scott_Ruecker on Mar 5, 2009 2:20 PM EDT
LWN.net; By Don Marti
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A surprising decision from the second-highest court for US patent cases will put meaningful restrictions on the patentability of software here, Red Hat patent lawyer Rob Tiller said in a well-attended talk at the Southern California Linux Expo. In a surprise October ruling in the case of In re Bilski last year, the Court of Appeals for the Federal Circuit "threw out wholesale" the existing test for software patentability, and substituted a new, stricter one. "The test has teeth," said Tiller, who, as Vice President and Assistant General Counsel, IP for Red Hat, handles incoming patent threats and authored an amicus brief in the case.

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