How Linus Torvalds Helped Bust a Microsoft Patent

New submitter inhuman_4 passes along this quote from an article at Wired: "Last December, Microsoft scored a victory when the ITC Administrative Law Judge Theodore R. Essex found that Motorola had violated four Microsoft patents. But the ruling could also eliminate an important Microsoft software patent that has been invoked in lawsuits against Barnes & Noble and car navigation device-maker Tom Tom. According to Linus Torvalds, he was deposed in the case this past fall, and apparently his testimony about a 20-year-old technical discussion — along with a discussion group posting made by an Amiga fan, known only as Natuerlich! — helped convince the Administrative Law Judge that the patent was invalid."

Comments

PHOSITA

[l2718]

A major problem with the way courts have analyzed software patents is their low-balling the skill level of a "Person having ordinary skill in the art". This is significant since anything such a person can do given the prior art is considered "obvious" and non-patentable. Basically, judges don't understand software well enough to distinguish true invention from routine solutions to problems.

In the case of software patents, many of them (the long-filename patent, the BCD patent [invalidated by the Supreme Court on other grounds] and so on) are for solutions that a typical developer will propose given the problem. But, because PHOSITA is basically taken to be an idiot the "obviousness" limitation on patentability has no effect unless by some chance an actual person bothered to write down this solution in the past.

Re:internet vs lawyers

[clickclickdrone]

>Thank you internet news groups for documenting these old discussions.
And another good reason we should stop relying on web boards and get back to Usenet. You can bet if a discussion like this happened 5 years ago on a forum, it's gone now. We're such a throw away society, we even throw away stuff like this.