Does the Software Industry Really Need Patents?

With so many patent infringement cases going to court, the backlog is growing out of control. This is a drain on the courts’ time and resources. And yet, patent trolls keep on snapping up patent rights and skirting the rim of honesty by alleging something they may or may not have made is being infringed upon.

And so it goes to court – again and again and again. Where does the race to make a buck stop?

The patent trolling business has grown exponentially over the last few years. The term “patent troll” is becoming so well known, many intellectual property lawyers only have to see a case cite to know who is trying to dig for gold.

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But to be honest, if someone wants to file a lawsuit and has a reasonable enough case, chances are it will go to court. However, judging (pun intended) by the latest news about 7th U.S. Circuit Court Judge Richard Posner, the court(s) are getting sick and tired of hearing case after case of companies wanting something for nothing. 

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A closer look at Judge Posner’s actions could provide insight into his thinking. He threw out Apple’s software patent suit against Motorola Mobility, making June a banner month for stunning remarks from the bench, when Posner stated that he questioned whether patents should apply to software or even most industries. 

His point of view is that the technology industry is ripe for patent litigation because every lawsuit carries the potential to seriously maim and/or wound the competition.