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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: 0) by Anonymous Coward on Tuesday February 13 2018, @10:13PM (3 children)

    by Anonymous Coward on Tuesday February 13 2018, @10:13PM (#637298)

    Wow, way to take the edge cases and apply them blindly to the general. We GET IT! You don't understand humanity, your mind prefers the logic of computer systems. You're doomed to fail socially for the rest of your life as long as you ride that high horse and refuse to comprehend human society.

  • (Score: 2) by bob_super on Tuesday February 13 2018, @10:25PM

    by bob_super (1357) on Tuesday February 13 2018, @10:25PM (#637304)

    These days, "riding the high horse", "comprehending human society" and "generalizing edge cases" have been patented.

  • (Score: 0) by Anonymous Coward on Wednesday February 14 2018, @12:16AM (1 child)

    by Anonymous Coward on Wednesday February 14 2018, @12:16AM (#637358)

    You're doomed to fail socially for the rest of your life as long as you ride that high horse and refuse to comprehend human society.

    So in short, we need a meteor to wipe out this worthless, irrational species? I can agree with that.

    • (Score: 0) by Anonymous Coward on Wednesday February 14 2018, @08:32AM

      by Anonymous Coward on Wednesday February 14 2018, @08:32AM (#637517)

      Doesn't have to be a meteor. A big red button will do.