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Are $Billions In Internet Patents Invalid?


Yes, according to a recent post on Patently O. In the post, John Duffy explains why recent decisions by the Patent and Trademark Office Board of Patent Appeals and Interferences does not bode well for the ongoing validity of internet patents. Duffy notes, however, that the last nail in the coffin has not been struck.

Granted Professor Duffy has more than a little skin in the game. He represents an amicus party in a pending en banc case before the Court of Appeals for the Federal Circuit entitled In re Bilski. Bilski is truly the watershed decision, promising a paradigm shift one way or the other. Either the patent lawyers are going to have to change the way they draft internet patents, or the Patent Office is going to have to change the way it examines them.

Brett Trout

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