moonscatter: Theaetetus: ZAZ: The Supreme Court can reverse any Federal Circuit decision. It can not reverse every Federal Circuit decision. I predict software patents will survive.Sure. This was the right decision, but for the wrong reason. It highlights why Thomas shouldn't be allowed to write opinions.Specifically:On their face, the claims before us are drawn to the concept of intermediated settlement, i.e., the use of a third party to mitigate settlement risk. Like the risk hedging in Bilski, the concept of intermediated settlement is "'a fundamental economic practice long prevalent in our system of commerce.'"... Thus, intermediated settlement, like hedging, is an "abstract idea" beyond the scope of §101."No, you dope, that means it's not a novel idea. It's old as shiat, and should be rejected on that ground, §102 or §103. But, because the defendant was lazy and didn't find any good prior art, and because SCOTUS can't do its own prior art searches, they'll wave their hands and say it's abstract.The problem with conflating §101 and §102/§103 is that an idea that is absolutely new and nonobvious - "a method of teleportation" - may still be an abstract idea, and therefore should be ineligible, even if it's not a "long prevalent" practice, or is a "'well-understood, routine, conventional activit[y]' previously known to the industry". Thomas' test wouldn't apply to such a claim, though.I think they threw him this as a bone - thought he could do the least damage with it. The IP associates at my firm are not having a good morning.Right now all I care about is Hobby Lobby. Hubby and I have some bets going on (split, author, etc) and I'd love to get out of six months of litter box cleaning.
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