Appeals Court Affirms Old Polaroid Patent Invalid 45
mpicpp (3454017) writes with news of a notoriously abused (basically "method of displaying images on a machine") software patent being declared invalid. From the article: The ruling from last week is one of the first to apply new Supreme Court guidance about when ideas are too "abstract" to be patented. ... The patents in this case describe a type of "device profile" that allows digital images to be accurately displayed on different devices. US Patent No. 6,128,415 was originally filed by Polaroid in 1996. After a series of transfers, in 2012 the patent was sold to Digitech Image Technologies, a branch of Acacia Research Corporation, the largest publicly traded patent assertion company. ...
In the opinion, a three-judge panel found that the device profile described in the patent is a "collection of intangible color and spatial information," not a machine or manufactured object. "Data in its ethereal, non-physical form is simply information that does not fall under any of the categories of eligible subject matter under section 101," wrote Circuit Judge Jimmie Reyna on behalf of the panel.
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KODACHROME PATENT STILL VALID!! (Score:2, Funny)
"Kodachrome"
When I think back
On all the crap I learned in high school
It's a wonder
I can think at all
And though my lack of education
Hasn't hurt me none
I can read the writing on the wall
Kodachrome
They give us those nice bright colors
They give us the greens of summers
Makes you think all the world's
a sunny day
I got a Nikon camera
I love to take a photograph
So mama don't take my Kodachrome away
If you took all the girls I knew
When I was single
And brought them all together
for one night
I know they'd never match
my sw
Re:KODACHROME PATENT STILL VALID!! (Score:5, Interesting)
Its amazing how being at a certain age and place and social consciousness that a common experience and thinking is shared. We all knew that things would always change in time, but its strange to look back and see how that all played out in the aftermath... In some ways, we didn't have a clue, but in terms of the results that we just KNEW would result from three decades of "trickle down" economics and other forms of short sighted policy enacted by people are no longer alive: Here we are! Right where we knew we would be. I was born in Rochester, New York - home of Kodak, but I never thought I or Paul Simon would outlive that company's prosperity or exemplary ethics. It certainly could have survived in all of its glory if it had continued to care about people more then about shareholder profits, plain and simple. That's how George Eastman would have wanted it.
It was at that moment that America died for me. Things would never get better than those two seconds. It was all down hill from there.
Americas not dead yet, my friend, but I do understand exactly how you are feeling about all of the lost ground. We remember our losses more profoundly then our gains. Its human nature, I guess, just like the rest of the experience.
Re:KODACHROME PATENT STILL VALID!! (Score:5, Insightful)
Except, no "founder" ever said that.
Unless you consider Ronald Reagan one of the founders, which considering your sentiment, is quite possible. Either people have the right to consent to their government or they don't. Whether or not there are social programs does not change that. What that quote (from the 1950's) is really saying is, "We'd be better off if people who disagree with me weren't allowed to vote".
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My assumption is anyone that would mistake a quote from some 1950's John Birch guy for a statement from a Founder is probably more worried about black people or Mexicans voting than preserving government by, of and for the People.
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Communism didn't kill many millions in the 20th century.
Tyranny did. And its continuing in the 21st century. You probably don't call it tyranny though.
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Communism didn't kill many millions in the 20th century.
"No true Communism"... haha.
Re:KODACHROME PATENT STILL VALID!! (Score:4, Insightful)
Unless you consider Ronald Reagan one of the founders
He's one of the founders of the current oligarchy, certainly.
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We have state after state where Republicans are trying to keep old people, minorities and students from voting.
Tell me where Democrats are trying to keep anyone from voting. It's always projection with you guys, isn't it.
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America isn't dead yet?
It's been in an unresponsive coma with no hope of returning ever since Bush put in the war powers resolution.
America, as originally intended, is gone. Hold a funeral and move on.
Hardly a shocker (Score:5, Informative)
The district court held the patent invalid under the old standard that was, in practice, more generous toward software algorithm patents. Then the Supreme Court decided CLS Bank, making software algorithm patents more difficult to obtain/keep. Under those circumstances, it would have been newsworthy if the Federal Circuit hadn't affirmed in this case.
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Given how pro-patent the Federal Circuit has been in the past, this is noteworthy. Remember that it was the Federal Circuit who opened the gateway for software and business method patents.
I have a suspicion the supremes are a bit peeved at them right now for all the shitty decisions they've been making since the 90's, and they really are concerned that their authority will be undermined by the SCOTUS' recent decisions and the lower courts applying them.
The way I see it, this is basically them saying, "Hey e
tl;rambj (Score:1)
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What patent were you reading? There is not a single mention of conversion of vector images to raster images!
The patent describes a set of recorded data that corrects for color and "spatial" distortion of an image by an input our output device. All the claims pertain to various features of that data set, or of the process of applying the corrections to an image.
amazing... (Score:4, Funny)
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"patent assertion company" (Score:3)
"Patent Assertion Company" (Score:5, Funny)
What does it mean for ZIP file encryption? (Score:1)
Refund! (Score:2)
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If a "Patent Assertion Company" or "Non-Practicing Entity" is found to have collected royalties on an invalid patent, they should be required to return the royalties.
I disagree, if the royalties were collected under a contract that was not forced upon the payors via court action or threat thereof.
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Definition of Intelectual Property (Score:2)
"Data in its ethereal, non-physical form is simply information that does not fall under any of the categories of eligible subject matter under section 101,"
Intellectual property is ownership of ethereal, non-physical ideas so couldn't this be used to combat IP across the board?