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It’s an analysis which we mentioned and also cited here the other day, showing a trend of invalidation of software patents in the US. “A lot of these patents are totally worthless, more so after Alice (Nokia - or Symbian at the time - had a famous software patent case in the UK nearly a decade ago).” Lexology, a site for lawyers, has just reposted (verbatim) an analysis from Fenwick & West LLP. How has it worked out so far? Any better than Nokia, which is still arming patent trolls in pursuit of cash? A lot of these patents are totally worthless, more so after Alice (Nokia - or Symbian at the time - had a famous software patent case in the UK nearly a decade ago). This failing company, falling back on its patents, is Blackberry. Recently, another Canadian company chose to turn into a patent troll down in Texas. They still have a Web site which is active ( last news item was a week ago), but we have not seen them in the media for literally more than half a decade. They pretty much risked going out of business after wasting years in court bickering over software patents. Well, recall i4i v Microsoft (Canadian company) and how things worked out. To quote from this - cough - article: “You may have heard that it’s not worthwhile to patent your company’s technology in Canada, with its smaller market, its conservative judicial remedies and its skepticism toward software-based patents.” This is an example of marketing/advertising in the form of an “article”. Writing for “Canadian Lawyer Magazine”, one person gave 10 reasons you need a Canadian Lawyer (the real headline is “Ten reasons you need a Canadian patent”). Patent law firms prefer not to talk about it because it discourages their clients (or prospective/possible clients). We are pleased to see that even insiders, such as Patexia, recognise the trend and write about it. “Patexia identified 14 different US classes that describe some sort of software-related system or process.” –WIPR“These classes covered more than 14% of the 22,791 unique patents involved in patent suits from 2010 through to the first half of 2016.” “Patexia identified 14 different US classes that describe some sort of software-related system or process. “This is the finding of Patexia, an online patent research platform, which reported that software patent suits have declined heavily, although the fall was not equal across all software patent classification codes. As WIPR put it the other day (note the use of the word nosedive): “The number of some types of software patent lawsuits in the US has taken a nosedive since the 2014 decision in Alice v CLS Bank.
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“The number of some types of software patent lawsuits in the US has taken a nosedive since the 2014 decision in Alice v CLS Bank.” –WIPRthe numbers are on our side. Only a fool would spend money pursuing new software patents reckless patent holders would dare have them subjected to scrutiny by a court (the higher the court, the higher the risk, thus suing deep-pocketed players is riskiest). After so much activism we finally see tremendous progress they’re dropping like flies and litigation involving software patents is so uncertain (for the plaintiff who takes a huge risk) that numbers indicate a sharp decline if not dampening. T ECHRIGHTS has been watching very closely matters pertaining to software patents for about a decade (I’ve watched them much longer than that, predating this site’s existence). Summary: New evidence suggests that software patents continue their plunge in the United States and those who make money from software patents cannot help shooting the messengers (in the media) and smearing those who simply do their job by applying the criteria agreed upon by the US Supreme Court Posted in America, Courtroom, Patents at 8:50 am by Dr. 09.11.16 The Patent Microcosm is Losing the Fight Over Software Patenting and Now It Plays Dirty