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Citing ‘Alice,’ Judge Crushes Four HP Patents | The Recorder

U.S. District Judge Beth Freeman of the Northern District of California on Tuesday sided with lawyers for ServiceNow Inc. that four HP patents related to IT outsourcing cover abstract ideas which cannot be patented. Freeman’s decision rested heavily on the U.S. Supreme Court’s decision in Alice v. CLS Bank, which set a high bar for the patentability of certain computer-implemented inventions.
UC-Hastings College of Law Professor Robin Feldman said she wasn’t surprised to see Alice wielded successfully against a Silicon Valley stalwart like HP. Established tech companies, as well as so-called patent trolls, have “applied for the type of broadly worded patents that were slapped down in Alice,” she said.
“Everyone has been hedging bets in recent years, but patent rules must apply to all,” Feldman said. “Innovation benefits from elimination of this style of patenting, and that is good for the Valley.”

via Citing ‘Alice,’ Judge Crushes Four HP Patents | The Recorder.

2 thoughts on “Citing ‘Alice,’ Judge Crushes Four HP Patents | The Recorder

  1. yeah !!!! people are finally waking up to the patents
    Our perception is the mortgage (Deed of Trust/Note) is immediately sold to an investment bank who aggregate the mortgage into a pool with other mortgages, establishing an SPE into which the pool is transferred and from which certificates are issued and sold to investors. —–True? not entirely

    The fact of the matter is that the originator/pretend lender does not actually sell anything, rather merely pledges the alleged loan, in other words, the alleged mortgage loan is ‘held for sale’….It is ONLY upon default that the alleged mortgage loan’s “first sale” actually occurs…Stated another manner, the Assignment of Deed of Trust is the first sale – that is too say the putting back together of title and note, which though in fact was never together to begin with because the ‘option’ to purchase the defaulted loan was sold before a borrower ever signed the documents.

    The option holder (broker) has control of the note and may and does sell it time and time again…..Imagine making 1000 copies of the executed note, putting them in a box and shipping it off to Borders Bookstore. The box is unpacked, labeled with a price tag and put on the shelves for sale – no different that a copyrighted work…except in this case the mortgage is a derivative and the broker is the holder of that copyright derivative.

    Ownership of copyrights can be transferred either by operation of law or by a written instrument. 17 U.S.C. § 204(a) (2000). Courts have interpreted “transfer by operation of law” to mean “transfers by bequest, bankruptcy, mortgage foreclosures, and the like.” Taylor Corp. v. Four Seasons Greetings, L.L.C., 403 F.3d 958, 963 (8th Cir. 2005) (citing Brooks v. Bodes, 230.781 F. Supp. 202, 205 (S.D.N.Y. 1991))
    As a matter of law, authors and owners of copyright immediately possess the exclusive rights to reproduce, distribute, perform, and display copyrighted works and to prepare derivative works based on them. The Computer Software Copyright Act of 1980 amended the Copyright Act of 1976 to include “computer programs.”

    The Fannie/Freddie Standard Uniform Instrument is a copyrighted work of a computer program which becomes a derivative upon the borrowers signing of the agreement.

    The banksters are thus unjustly enriching themselves many times over, selling an alleged mortgage loan they do not even own….The broker’s future fees and compensation are realized upon default with the actual first sale, which he collects on with the liquidation of the collateral

    I say current foreclosure is WRONG…..why would you defend against an alleged mortgage loan that can be shown is by inducement and intentionally conceals materially pertinent facts……


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