Recent rulings show tide may be turning against patent trolls

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Patent Case Rulings Analysis

Patent Case Rulings Analysis

Patent trolls’ days of effortlessly rolling into court and collecting licensing fees for products they don’t produce may be coming to an end. The Washington Post reports that courts have been increasingly citing the landmark 1978 Supreme Court case Parker v. Flook, which is the strongest ruling that the court has ever made against patents for abstract ideas such as algorithms. Given that courts are applying the Parker v. Flook precedent more often in software patent cases, it seems that courts are starting to reassert control over what can and cannot be patented. The Post acknowledges that “not every citation of Flook means that a patent was invalidated” but says that “it’s at least a sign that the courts are wrestling with the limits the high court articulated more than three decades ago.”

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