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posted by janrinok on Tuesday February 13 2018, @08:35PM   Printer-friendly
from the better-living-through-patent-trolling dept.

Patent Troll Blackbird's patent is invalidated in fight with Cloudflare.

We're happy to report that earlier today, the United States District Court for the Northern District of California dismissed the case that Blackbird brought against Cloudflare. In a two-page order (copied below) Judge Vince Chhabria noted that "[a]bstract ideas are not patentable" and then held that Blackbird's attempted assertion of the patent "attempts to monopolize the abstract idea of monitoring a preexisting data stream between a server" and is invalid as a matter of law. That means that Blackbird loses no matter what the facts of the case would have been.

Before the court ever even considered Cloudflare's actions, it found that the supposed innovation reflected in Blackbird's patent was too abstract to have been protectable in the first place. This means that the case against Cloudflare could not continue, but further, that the patent is completely invalid and Blackbird cannot use it to sue ANYONE in the future.

All of this only confirms the position we've taken from the beginning with regard to the way that Blackbird and other patent trolls operate. Blackbird acquired an absurdly broad patent from an inventor that had apparently never attempted to turn that patent into a business that made products, hired people, or paid taxes. And Blackbird used that patent to harass at least three companies that are in the business of making products and contributing to the economy.

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  • (Score: 1) by Sulla on Tuesday February 13 2018, @10:03PM (1 child)

    by Sulla (5173) on Tuesday February 13 2018, @10:03PM (#637292) Journal

    Correct me if my thinking is incorrect, but what comes to mind for me is claiming you have a patent on cars because you have a description of "put a motor on a horseless carriage" verses "vehicle of dimensions x with gasoline motor of x displacement and transmission with x gears in x configuration". The goal being to make your patent as broad as possible while still having it be enforceable, the Blackbird people appear to have been too far off to the side for general and lacked specifics that would have been necessary to enforce.

    Ceterum censeo Sinae esse delendam
  • (Score: 0) by Anonymous Coward on Tuesday February 13 2018, @10:26PM

    by Anonymous Coward on Tuesday February 13 2018, @10:26PM (#637305)

    I post without karma bonus, you should too

    Why? I always browse at -1. I don't care what your karma bonus is.