News picks: IPKat: Letter from AmeriKat

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1265818281|%e %b %Y, %H:%M %Z — Alvaro asks 9 questions to the Commission about ACTA, including 3 strikes and transparency: Alexander Alvaro (ALDE) has asked 9 questions about ACTA, including 3 strikes and transparency, or the access by the INTA committee to the drafts documents. He is also asking about changes to substantive patent law (read software patents here). (Comments: 0)

1265717153|%e %b %Y, %H:%M %Z — Members of European Parliaments ask when they will receive the ACTA documents: Some Member of the European Parliament have asked when they will receive the ACTA documents, mentioning the Lisbon Treaty article 218 which says that the Parliament have to be "fully informed" of the negotiations. The new trade commissioner Karel DeGucht said previously that the Lisbon Treaty do not apply to ACTA, because the confidentiality of the talks were negotiated before. (Comments: 1)

1254917669|%e %b %Y, %H:%M %Z — FFII and IP Justice file Bilski Amicus Brief to the U.S. Supreme Court: The Foundation for a Free Informational Infrastructure (FFII) and IP Justice filed an Amicus Curiae Brief to the U.S. Supreme Court. The case Bilski v. Kappos is expected to become a landmark ruling on the future of the U.S. patent system. The joint Brief explains the interlink of software and business methods, and points out alternatives to the so called Machine-or-Transformation test used for categorizing patents. (Comments: 0)

1251930625|%e %b %Y, %H:%M %Z — IBM says software patents drive OSS development: In its Amicus Brief to the US Supreme Court on the Bilski case, IBM is arguing that "patent protection has promoted the free sharing of source code [...] which has fueled the explosive growth of open source software development." (Comments: 1)

1247054084|%e %b %Y, %H:%M %Z — What's wrong with the United Patent Litigation System (UPLS)?: A journalist of WorldIPReview recently asked FFII what were its views of the proposed United Patent Litigation System (UPLS), which is now being questioned by the Council in a submission to the ECJ. FFII had already published a press release mentioning the new push for software patents in Europe via a centralised and trusted court. (Comments: 0)

1246642471|%e %b %Y, %H:%M %Z — The Bilski test was invented by IBM: By reading the Amicus Brief of IBM to the CAFC, it is pretty clear that the machine tranformation test which allows software patents and ban business method patents was invented by IBM lawyers. (Comments: 1)

1245674081|%e %b %Y, %H:%M %Z — USPTO refuses to disclose Bilski's pending patent application: The US Supreme Court will soon hear Bilski on why software and business method patents are so good for the US economy. I was trying to find out where the Bilski's pending patent application was published, and I ended up writing to the new USPTO President and ex-IBM David Kappos. I finally got an answer from a USPTO official that the Bilski's pending patent application cannot be seen by the public. (Comments: 0)

1244544547|%e %b %Y, %H:%M %Z — Patent expert Alison Crofts says EPLA is pushed by pro-software patents lobby: In its edition of IP Value 2007, the Intellectual Asset Magazine (IAM) was publishing an article about the Reform of European Patent System, where an expert mentions that the push for the EPLA is coming from the pro-software patents lobby. (Comments: 0)

1244147053|%e %b %Y, %H:%M %Z — European Patent Office refuses spanish amicus brief against software patents: Alberto Barrionuevo, CEO of the small spanish software company OpenTIA and ex-president of the FFII, had submitted an amicus brief to the Enlarged Board of Appeal in spanish. The European Patent Office has notified him that they are refusing his letter because it was not written in one of the 3 official languages of the EPO. (Comments: 0)

1242135050|%e %b %Y, %H:%M %Z — European Commission pushes for software patents via a trusted court: The European Commission is pushing for software patents via a centralised trusted patent court that would be created with the United Patent Litigation System (UPLS), an international treaty that would remove national courts. This court system would be shielded against any review by the European Court of Justice (ECJ). Thus patent judges would have the last word on software patents. (Comments: 5)

1240399523|%e %b %Y, %H:%M %Z — Conference on "Make software patents work for SMEs": The European Commission is organising a conference dedicated to "Make IPR work for SMEs" next Monday in Brussels. You can here submit your questions for next Monday on how to "Make software patents work for SMEs". (Comments: 2)

1240230341|%e %b %Y, %H:%M %Z — Stallman: "The EPO is a corrupt and malicious organisation which should not exist": Last Wednesday, farmers and software developers were demonstrating in Munich in front of the European Patent Office. Richard Stallman was describing the European Patent Office as a "corrupt and malicious organisation which should not exist". (Comments: 0)

"If rumour is correct and President Obama’s administration manages to install Sotomayor to the Supreme Court by October in time for the Court’s next term, she may be presiding over the much-anticipated judgment in Bilski. The AmeriKat’s brief investigation into Sotomayor’s intellectual property decisions seems to show her leaning in favor of larger corporations and rights holders. However, this limited evidence and Sotomayor’s few judgments concerning patent cases have not given the AmeriKat any definitive guidance on how to predict Sotomayor’s approach to Bilski. If it is anything like her ex-husband’s stance, however, Sotomayor’s judgment will not be forming part of any ground-breaking judgment that many are hoping. Where the AmeriKat has failed to predict Sotomayor’s attitude towards patent claims, she is eager to hear your views. To help you along your way, the AmeriKat suggests you look Sotomayor’s responses to the required Senate Committee of the Judiciary questionnaire."

Source: http://ipkitten.blogspot.com/2009/06/letter-from-amerikat_29.html

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