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Difference between revisions of "John Paul Stevens (US Supreme Court Justice) on software patents"

(''But is it correct that there’s none — none of our cases have ever approved a rule such as you advocate?'')
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Below are excerpts from his contributions in opinions and hearings.
 
Below are excerpts from his contributions in opinions and hearings.
  
===The Bilski hearing===
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===The [[Bilski v. Kappos (2009, USA)|Bilski]] hearing===
  
 
:''(see: [http://news.swpat.org/2009/11/bilski-hearing-transcript/ The Bilski hearing transcript, as text])''
 
:''(see: [http://news.swpat.org/2009/11/bilski-hearing-transcript/ The Bilski hearing transcript, as text])''

Revision as of 08:25, 18 April 2010

John Paul Stevens, or Justice Stevens, is a judge on the US Supreme Court.

Official statements

Below are excerpts from his contributions in opinions and hearings.

The Bilski hearing

(see: The Bilski hearing transcript, as text)

Replying to Bilksi's lawyer's defence of their patent, Stevens said:

But is it correct that there’s none — none of our cases have ever approved a rule such as you advocate?

Microsoft v. AT&T (2006, USA)

Stevens wrote a dissenting opinion in this case.[1]

I disagree with the Court’s suggestion that because software is analogous to an abstract set of instructions, itcannot be regarded as a “component” within the meaning of §271(f). See ante, at 9–10. Whether attached or de-tached from any medium, software plainly satisfies the dictionary definition of that word. See ante, at 9, n. 11 (observing that “‘[c]omponent’ is commonly defined as ‘aconstituent part,’ ‘element,’ or ‘ingredient’”). And unlike a blueprint that merely instructs a user how to do some-thing, software actually causes infringing conduct to occur.It is more like a roller that causes a player piano to pro-duce sound than sheet music that tells a pianist what todo. Moreover, it is surely not “a staple article or commod-ity of commerce suitable for substantial noninfringing use” as that term is used in §271(f)(2). On the contrary, its sole intended use is an infringing use.

External links

References