“The U.S. Supreme Court made it easier to challenge patents for failing to introduce genuine innovations, siding with Intel Corp. and Cisco Systems Inc. and dealing a setback to the drug and biotechnology industries,” Greg Stohr reports for Bloomberg.
“The justices today unanimously overturned a decades-old test used by the lower court that handles patent appeals, saying the lower court went too far to shield patents from legal attack. The ruling threw out a Teleflex Inc. lawsuit that accuses KSR International Inc. of using a patented invention for adjustable gas pedals,” Stohr reports.
Stohr reports, “The decision extends a Supreme Court trend that has put new limits on patent rights. In today’s case, the justices heeded arguments from large computer companies and automakers that the lower court test, which centered on the requirement that an invention be ‘non-obvious,’ had given too much power to developers of trivial technological improvements.”
“‘Granting patent protection to advances that would occur in the ordinary course without real innovation retards progress,’ Justice Anthony Kennedy wrote for the court,” Stohr reports.
Stohr reports, “In a second ruling today, the court gave software makers new protections from patent lawsuits on exports, ruling that Microsoft Corp. doesn’t owe damages to AT&T Inc. for copies of the Windows operating system installed on computers overseas.”
Full article here.
“The U.S. Supreme Court made it easier to challenge patents for failing to introduce genuine innovations…” Microsoft’s patent portfolio is doomed.