Stories
Slash Boxes
Comments

SoylentNews is people

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.


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 3, Insightful) by jasassin on Wednesday February 14 2018, @12:25AM

    by jasassin (3566) <jasassin@gmail.com> on Wednesday February 14 2018, @12:25AM (#637364) Journal

    that the patent is completely invalid and Blackbird cannot use it to sue ANYONE in the future.

    They should sue the patent office for selling them that illegal patent.

    --
    jasassin@gmail.com Key fingerprint = 0644 173D 8EED AB73 C2A6 B363 8A70 579B B6A7 02CA
    Starting Score:    1  point
    Moderation   +1  
       Insightful=1, Total=1
    Extra 'Insightful' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   3