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FOSS Patents Monday, April 5, 2021 Based on how the Google v. Oracle Supreme Court hearing went in October 2020, it appeared to be a given that the Java APIs in question were copyrightable, and the fair use debate was over whether the Federal Circuit had correctly ruled against Google or whether the San Francisco jury would have had to be afforded so much deference that a judgment as a matter of law wasn't warranted. In the former case, the case would have gone back to San Francisco for a remedies determination. In the latter case, the Federal Circuit would likely have remanded for a retria...

Tuesday, February 2, 2021 Another pre-emptive strike by the German judiciary against patent injunction reform: no reform at all might be the best outcome by now It's high time that those advocating patent injunction reform in Germany--a broad coalition of companies from many countries--seriously asked themselves one question: Wouldn't it be tactically smart at this stage to ask the Bundestag (Federal Parliament) to pass its patent reform bill without a new statute on injunctive relief I'm raising this question--and as you may have figured, it's a rhetorical one--in light of the latest pre-e...