Files Amicus Brief Giving Open Source Perspective in Alice Corp.
v. CLS Bank Case and Supports the Exclusion on Patenting Abstract
Ideas
RALEIGH, N.C.--(BUSINESS WIRE)--
Red Hat, Inc. (NYSE: RHT), the world's leading provider of open source
solutions, today announced it has filed an amicus brief with the United
States Supreme Court. The brief, filed in the case of Alice Corp. v.
CLS Bank, asks the Supreme Court to find that its existing cases
prohibiting the patenting of abstract ideas apply to software patents.
Such a decision would mean a major course correction in patent law and
the invalidation of large numbers of software patents.
The case concerns the validity of a patent relating to financial
intermediation (that is, escrow arrangements) using computers. At issue
is whether the patent is invalid because it amounts to the type of
abstract idea that is excluded from patent eligibility. Red Hat argues
that software patents like the one in this case are unpatentable,
because at one level they are similar to abstract business method
patents, and at another level amount to unpatentable algorithms.
Prior to the mid-1990s, software was generally considered unpatentable,
but appeals court cases changed this understanding. The result was an
explosion of software patents. They now number in the hundreds of
thousands, and they cover abstract technology in vague and
difficult-to-interpret terms. Because software products may involve
thousands of arguably patentable components, developers face the risk of
having to defend weak-but-costly patent infringement lawsuits. A new
class of business enterprise, sometimes called patent trolls, has
developed to file lawsuits to exploit this system.
The scope of patentable subject matter is an issue of critical
importance to the future development of all software, including open
source. The Supreme Court's CLS Bank decision could clarify the
law and lessen the risks that innovation will be hindered by patents.
Oral argument is scheduled for March 31, 2014.
Red Hat has consistently supported patent reform to address problems
posed to innovation, including for open source and other software
developers. To read the full amicus brief, visit http://red.ht/red-hat-urges-supreme-court-to-address-impediments-to-innovation.
Supporting Quote
Rob Tiller, vice president and assistant general counsel, Red Hat
"Red
Hat is committed to the free and open source software community, and
this leads us naturally to seek reform in the law relating to software
patents that would promote creativity and innovation. Software patents
can have a perverse effect on software technology - they can hinder
innovation rather than encouraging it. The CLS Bank case presents
a great opportunity for the Supreme Court to address this problem."
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About Red Hat, Inc.
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technologies. Red Hat also offers award-winning support, training, and
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enterprises, partners, and open source communities, Red Hat helps create
relevant, innovative technologies that liberate resources for growth and
prepare customers for the future of IT. Learn more at http://www.redhat.com.
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Red Hat
John Terrill, 571-421-8132
jterrill@redhat.com
Source: Red Hat, Inc.
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