Supreme Court Denies Microsoft Appeal

by on November 28, 2006 · 2 comments

Techdirt notes that the Supreme Court has turned down Microsoft’s appeal of their loss to Guatemalan inventor Carlos Armando Amado. And they were kind enough to link to my write-up of the Amado patent. As I said back in June:

So it seems that Mr. Amado’s “invention” consisted in taking a bunch of features from several other database products and combining them into a single user-friendly package. This is somewhat akin to a car company patenting the idea of a car that has anti-lock brakes, an onboard navigation system, and remote keyless entry. The patent could have glossy color pictures of the vehicle and describe in great detail how seamlessly the features work together, but it still wouldn’t be an invention worthy of patent protection. Combining several previously-known features into one product isn’t innovative, even if the new product allows you to do things the old one didn’t.

I suspect that this is a rare case where the only realistic chance of reform is for Congress to get involved. The Supreme Court has too much on its plate (and is likely too wedded to stare decisis) to untangle the mess the Federal Circuit has made of the patent system.

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