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From the Editors: Let’s hope for a court ruling writ large

By SD Times Editorial Board

November 1, 2009 — (Page 1 of 2)
We want a broad precedent-setting ruling, not a narrow procedural one, in the pending software patent case now at the United States’ highest court.

When the U.S. Supreme Court rules in the now-famous Bilski case, it should take the opportunity to level the playing field for entrepreneurs whose work has been impeded by patent trolls and broad corporate patent portfolios.

The Bilski case involves a patent claim for a business method for hedging risks in commodities trading. A U.S. Circuit Court of Appeals ruled that while an invention that has a computer in it that performs computations is patentable, that computation alone is not.

The Supreme Court is reviewing that decision, and its decision could have a dramatic impact on the software industry. That is evidenced by how many organizations have filed amicus briefs with the court.

If the justices rule broadly, some legal experts believe that it could invalidate software patents altogether. While SD Times isn’t necessarily against software patents, we believe that there is too much uncertainty in the current understanding of what is patentable and what is not patentable.

Well-earned patents are an economic driver, but bad patents harm innovation when they are enforced against innovative companies. Unfortunately, it’s not always certain whether a patent is good or bad. That’s what Bilski is all about.

Any court ruling on narrow grounds, and which doesn’t lead to clear precedents about software patents, would continue the uncertainty that plagues software companies and holds back the entire industry.

Patent trolls harm innovation, and large software companies have leveraged questionable patents against competitors. Drawn-out legal battles have become all too common, but the court's Bilski decision, if it clarifies the patent mess one way or another, could abate them.

With so much at stake, it is our hope that the justices make their ruling on substantive grounds—not just procedural grounds. Clarification on the vague patent laws that were passed by the U.S. Congress during the 1970s is long overdue.

We want to believe Oracle
Ever since Oracle reached an agreement to purchase Sun Microsystems, much of the industry—and SD Times—has been concerned about what this purchase would mean for Sun’s highest-profile products.

Related Search Term(s): patents, Java, Oracle

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