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Google is part of group that files a brief asking courts to stop honoring vague patents

Posted: , by Alan F.

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Google is part of group that files a brief asking courts to stop honoring vague patents
Google, Dell, Facebook, Homeaway, Intuit, Rackspace, Red Hat and Zynga have filed a "friend of the court" brief with the U.S. State Court of Appeals for the Federal circuit. The case involves an financial corporation named Alice Corp. that received a patent in July for a way to close a computerized transaction. The plaintiff, a company called CLS, says that Alice's patent, for a "data processing system to enable the exchange of an obligation between parties," was written too broadly. And that is where the "friend of the court" brief comes in.

"Many computer-related patent claims just describe an abstract idea at a high level of generality and say to perform it on a computer or over the Internet. Such barebones claims grant exclusive rights over the abstract idea itself, with no limit on how the idea is implemented. Granting patent protection for such claims would impair, not promote, innovation by conferring exclusive rights on those who have not meaningfully innovated, and thereby penalizing those that do later innovate by blocking or taxing their applications of the abstract idea."-Amicus brief filed with the U.S. Court of Appeals

Google, Dell, Zynga and the others want the courts to stop upholding and honoring patents vaguely written. A patent that asks to cover a certain technology "on a mobile device" is not specific enough according to the brief. Merely writing a sentence or two about an idea that someone has and saying that it is performed over the internet or on a mobile device could potentially block a tech company from moving forward on a project and in the eyes of the petitioners, paying a licensing fee would probably seem like paying blackmail to them.

Notably absent from the brief is a pair of companies that each have its legal team on the CEO's speed dial, Apple and Microsoft. For those who enjoy going through legal documents, you will find the brief below.

source: AllThingsD

11 Comments
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posted on 10 Dec 2012, 02:15 11

1. CaptainCool (Posts: 8; Member since: 16 Oct 2011)


I'm really against this. I just submitted a patent that would make it so you can navigate a mobile device with your hand or a different object.

/sarcasm

posted on 10 Dec 2012, 02:18

2. Reluctant_Human (Posts: 856; Member since: 28 Jun 2012)


It's brilliant going after this smaller company for a stupid and vague patent so they can set precedence.

posted on 10 Dec 2012, 04:03

7. Droid_X_Doug (Posts: 5744; Member since: 22 Dec 2010)


Something is weird about this. The generally accepted process is to file a request for re-examination with the U.S PTO. Further, there hasn't been a verdict at the trial court level, and Amicus appeal briefs are being filed?

posted on 10 Dec 2012, 02:22 9

3. MeoCao (unregistered)


Apple is freaking, it has lots of such patents:

"rectangle and rounded corners on computers"
"rubber on computer"
"address book on computer"
,,,
You name it.

posted on 10 Dec 2012, 02:25 5

4. Hammerfest (Posts: 369; Member since: 12 May 2012)


#1 holder of vague, common sense, broad, silly, and prior art patents?

Apple...

Next we will hear Apple filing a "friend of the court" for CLS

posted on 10 Dec 2012, 02:42 9

5. someones4 (Posts: 619; Member since: 16 Sep 2012)


I hope that Apple will be sitting on a pile of worthless patents.

posted on 10 Dec 2012, 03:58 4

6. anywherehome (Posts: 971; Member since: 13 Dec 2011)


blame just Apple +Microsoft =pure evil

posted on 10 Dec 2012, 04:38

8. shuaibhere (Posts: 1428; Member since: 07 Jul 2012)


I've been saying this for years....

posted on 10 Dec 2012, 11:25

10. RapidCat (Posts: 351; Member since: 12 Jun 2012)


i hear it for years.

posted on 10 Dec 2012, 10:16 1

9. paulislegend (Posts: 38; Member since: 15 Mar 2012)


FINALLY!!!!!!!!!!!!!! they also need to have qualified people reviewing them as well...

also... why the fug is Google's drop down notification patent taking so long to be approved?

posted on 11 Dec 2012, 12:35

11. InspectorGadget80 (Posts: 6422; Member since: 26 Mar 2011)


yes lets all GET TOGETHER N STOP APPLE M$ & others trying to sue FOR STUPID COPYRIGHT INFRINGEMENT. I moslty BLAME APPLE who started this hole ideal

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