Government Responds in Microsoft Patent Case
On April 24, the Supreme Court asked for the views of the Solicitor General in the matter Microsoft v. AT&T (05-1056), an important IP case dealing with patents on software code. The government has just filed this amicus brief supporting a cert. grant (Microsoft’s petition can be found here). The case is discussed here by Dennis Crouch at the Patently-O blog.
The questions presented are:
In certain circumstances, Section 271(f) of the Patent Act prohibits the “suppl[y] * * * from the United States * * * [of] all or a substantial portion of the components of a patented invention * * * in such manner as to actively induce the combination of such components outside of the United States,” as well as the “suppl[y] * * * from the United States [of] any component of a patented invention that is especially made or especially adapted for use in the invention.” 35 U.S.C. 271(f )(1) and (2). For purposes of that statute, the questions presented are:
1. Whether software object code can be a component of a patented invention; and, if so,
2. Whether copies of software object code are “supplie[d]” from the United States when those copies are created overseas by replicating a separate master version supplied from the United States.
The case will be considered during the October 27 Conference.
As Dennis Crouch noted back in June,
SG Support = Certiorari: A recent (unreleased) study by a patent law professor looked at all invited amici petition briefs filed by the solicitor general for the past five terms. The SG gave an unqualified recommendation for certiorari (as in KSR) in 15 cases. In all 15 cases, the Supreme Court then granted certiorari.
http://www.patentlyo.com/patent/2006/06/ksr_v_teleflex_.html
If this study is represented accurately, and if it has any predictive value, the Supreme Court is very likely to grant cert in this case.
Comment by Subzero91 — September 29, 2006 @ 5:11 pm