Just got word today that the US Supreme Court has granted certiorari to the In re Bilski matter regarding business software and process patents. Given the potential implications for new and existing patents, it should be interesting to see how the Supremes rule on this one. ..bruce..
The US Federal Court of Appeals ruling upholding the lower court decision for In re Bilski has now been appealed to the US Supreme Court: Not since 1981 has the Supreme Court undertaken to spell out the kinds of inventions that are eligible for patent rights — the exclusive rights to produce or use an invented […]
The In re Bilski (545 F.3d 943 [Fed. Cir. 2008]; here’s a PDF of the decision) court decision placed significant new limits on so-called “process” or “business method” patents, which possible implications for many software patents. Well, I just received an e-mail from Joel Miller of the ABA Intellectual Property Law Committee (of which I’m […]
According to this release over at Morgan Miller Blair, the California Supreme Court has completed the task of invalidating virtually all non-compete agreements within the state of California: In Edwards v. Arthur Andersen, the Court examined an employment agreement between Arthur Andersen and one of its former tax manager employees, Raymond Edwards. The agreement contained […]
According to this story over at PocketLink, Typhoon Touch Technologies has “‘significantly expanded’ its patent infringement suit begun in December 2007 against Dell by adding Apple, Fujitsu, Toshiba, Lenovo, Panasonic, HTC, Palm, Samsung, Nokia and LG” — in other words, just about every firm that manufactures a “portable computer with touch screen and computer system […]
Classic patterns in disputed IT project: Hertz v. Accenture
Just ran across this article at the always-irreverent-but-usually-spot-on Register, an IT news site out of England. The standard patterns of a troubled IT project are so evident in this one report that I may well use it as a case study for my CS 428 (“Real-world software engineering”) class this fall. Here are some of […]
Neverending Story pattern: School District ERP system late, over-budget
A story a few days ago caught my eye, not because it was unusual, but because it follows so familiar a pattern. Here are a few excerpts from the article: MANATEE — Late nights, hefty contracts and humming computers are a norm in the district’s School Support Center, where employees are working to fix a […]
Minnesota DMV software project: Faulty Towers/Neverending Story patterns
In my 2000 white paper, “Patterns in IT Litigation: System Failure (1976-2000)” [PDF], which I researched and wrote while at PricewaterhouseCoopers, I describe six broad fact patterns to classify the types of software system implementation failure. One of those patterns I named “Faulty Towers”: The client buys the system from [or has the system developed […]
![The Meltdown/Spectre CPU bugs: a dramatic global case of the “Unintended Consequences” pattern [UPDATED 4/4/18]](http://bfwa.com/wp-content/uploads/2018/01/intel-cpu-150x150.jpg "The Meltdown/Spectre CPU bugs: a dramatic global case of the “Unintended Consequences” pattern [UPDATED 4/4/18]")
Back in 2000, PricewaterhouseCooper published my research white paper, “Patterns in IT Litigation: Systems Failure (1976-2000)” (PDF). This paper reflected research I and my staff had done over several months on roughly 120 two- or three-party lawsuits involving information technology. I found that almost all of these lawsuits fell into one or two of six […]