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Intellectual Property Law
: GroklawBilski - What It Means, Part 4 - The Microsoft Brief
By Pamela Jones et al.
The Microsoft brief was filed along with Dell and Symantec, and it's an attempt to get the court to deny the Bilski claims while at the same time trying to keep the court from going all the way and deciding software should not be patentable. There are some logic bumps along the way, as you will see. The court diverged from Microsoft's argument about three-quarters of the way through, and it didn't directly address software patents, except in one footnote, mainly because Bilski wasn't about software. So it left unaddressed Microsoft's chief argument about why software should patentable, namely because of what it does to a computer. There will be future cases, though, that certainly will be on this point, so it seems a good time to point out everything we can think of to help the court understand what's wrong with the Microsoft-Dell-Symantec position. I'll start, but jump in any time. You'll see more than I will, since so many of you are programmers.
I'm smiling already just thinking about it. Anyway, what I thought would be just one article is now two, because of the length. Here, I'll just address what I understand Microsoft's arguments to be and what a "particular machine" is to Microsoft. I'll save the part about what it may mean for Microsoft's threats against Linux for the next article.
Full post as published by Groklaw on November 12, 2008 (boomark / email).
Microsoft
Settles with Arizona for $4.4 Million
Mississippi Antitrust
Costs Microsoft $100 Million
Microsoft Corp.
allegedly failed to provide adequate access and service to Xbox Live and its subscribers.
Windows Software
Microsoft fined $1.3 billion for failing to comply with the European Union's antitrust order.
Apeks Scuba Diving Regulator
Recalled Due To Missing Part
Microsoft Spam
Richter pays $7 million settlement in deceptive email lawsuit.

Aprill: Bilski Means More Uncertainty for Tax Strategy Patents
Bilski: Much Ado About (almost) Nothing
In re Bilski Decision Promises Continued Uncertainty
A Madness to its Method: Cert Petition Filed in Bilski
Ex Parte Bilski: Once Again Rethinking the Scope of Patentable Subject Matter
Gardner: Patent Bar Should Use Its High Priced Skills to Overcome Bilski et al.









