As software patent litigation ramped up over the past few years, software patents have come under the microscope within the technical community. Many
investors and technologists believe that software patents should be abolished all together, while others take the less extreme position that many software patents are obvious over known prior art ("prior art" being earlier publications that show a patent is obvious or not new). Courts are increasingly cognizant of these criticisms. Though it is unlikely that software patents are
going away any time soon, as the recent
summary judgment in eBay v PartsRiver (PartsRiver is now known as Kelora) demonstrates, courts are beginning to do a more thorough job of applying the obviousness standard to software patents.
Source: http://feedproxy.google.com/~r/Techcrunch/~3/6xTMS8Phdi8/
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