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Red Hat Files New Brief in Software Patent Case

Oct 02, 2009, 15:02 (1 Talkback[s])
(Other stories by Brian Proffitt)

"That vendor was Red Hat, which really comes as no surprise. With the veiled threats of software patent enforcement coming from Redmond, and the not-so-veiled threat of any one of a number of patent trolls getting ready to use a purchased patent to pursue litigation, Red Hat would get a huge benefit from the elimination of software patents. Of course, so will everyone else writing code today.

"Here's what's happening: in 2008, the Federal appeals court upheld a Patent and Trademark Office (PTO) ruling that Bernard Bilski's method of risk assessment of bad weather through commodities trading was not patent-eligible under Section 101 of the Patent act.

"The Court made up a test to benchmark if claimed ideas like this could actually be patentable. The idea has to either be tied to a particular machine or apparatus or transform something into a different state or thing. The Court stated in its ruling that this should be the only applicable test."

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