Watch the patent battle play out in patent ductum
- by admin
FILE — In this Aug. 13, 2017 file photo, patent ducts are seen at a patent shop in Sacramento, Calif.
The Supreme Court on Friday gave a major victory to patent holders by holding that the Supreme Court should not interfere with state patent laws.
The justices declined to take up a case that challenged California’s controversial patent law, the so-called “Ductus Act.”
The Supreme Judicial Court declined to review a challenge from patent holders seeking to invalidate a 2011 law that gives California the power to set the patent length for all patented inventions.
The ruling, which is expected to be the first major ruling in a patent case, is a setback for some patent holders and the U.S. Patent and Trademark Office, which had argued that California’s patent law was an overreach of federal law.
California’s law has been criticized by many in the technology and consumer industries, including Apple and Microsoft.
The patent system has long been plagued by patent trolls, lawyers who make millions of dollars by filing bogus lawsuits to try to get their patents invalidated by the courts.
The trolls also make millions by using patents to target businesses and individuals.
“California’s ‘Ductuus Act’ has been shown to be unworkable and has not prevented infringement of copyrights,” Chief Justice John Roberts wrote for the court.
“The Ductuos act is a flawed law that has been repeatedly proven to be ineffective at preventing infringement of protected rights.”
In addition to the patent trolling case, the Supreme Judicial Panel also upheld a decision by the state Supreme Court to invalidated a law that grants residents of the state wide latitude in determining the patent expiration date for most new inventions.
California is the only state to have a blanket patent expiration provision, which gives residents wide latitude to decide whether or not to grant patent extensions.
FILE — In this Aug. 13, 2017 file photo, patent ducts are seen at a patent shop in Sacramento, Calif.The…