OK, well this is unusual, but the French are after Google/Android for their new phones.  They allege that the Android Operating System uses technologies developed by the French digital security group. <a href="http://www.generation-nt.com/android-gemalto-violation-brevets-software-actualite-1105961.html">In French</a>   Gemalto has indeed been busy at the patent office - with 40 software patents granted in the United States alone.

            Well, the Supremes are now done deciding Bilski.  We''ve got our answer on business method patents and software patents: still little or no guidance.  Indeed, by throwing out ''machine or transformation'' as a sole test for patent eligibility, they''ve actually made it even more difficult to know where to draw the line.  They indicate that some inventions eligible for patent would not pass the test, and some inventions which pass the test would not be.  In effect, that the test put forth by the FedCir produces both false positives and false negatives. 

Well, maybe they had good intentions, but the end result sure didn't come together as they planned. In the recent subsea oil well disaster, British Petroleum engineers tested the blowout preventer in response to an operator error the previous day An axial drill bit system was moved while the seal was in a ''closed'' position. This damaged the rubber seal and pieces of that seal came to the top in the mud used for drilling. When the engineers saw that, the tested the blowout preventer with a pressure test - not unlike the one described in this patent. The results: "It's all good!". Unfortunately now, it appears this failure in the testing methodology will lead to the largest (by far; more than 10X the Exxon Valdez disaster) oil disaster ever. Never was a failure most costly than this one.  So, we declare this patent the least useful patent in all of history.  Thanks British Petroleum!

New changes to patent law appear closer than ever to be coming.  Long in the making, these laws will affect the way companies are assessed damages for patent infringement.  In addition, it now appears that adjustments to the ''first to file'' v. ''first to invent'' system will work.  In the end, the changes might be good for all around.  We''d prefer to leave the ''first to file'' intact as we see this as more bending toward the European patent system which is far less effective than the US - at the moment.  For those who want a weak US patent system, these changes might be just what the doctor ordered.

Once a patent has run its course and its term has run - competitors may copy the invention precisely without paying royalties whatever.  This can be severe when it comes to the pharma industry - huge profits come from high drug prices.  Perhaps no other industry so heavily derives such a high percentage of profit from intellectual property.  Once a patent expires, the price of a drug may fall by 10X.  When a blockbuster drug loses its patent protection, profit losses may exceed 2.5 Billion!!!  You can bet these companies do everything possible to defend the precise date a patent will expire.

One important issue which arrises often in regard to Software Patents - prior art.  Most software patents are easy to invalidate because software engineers often say: "Oh gee, that was done by so-and-so many years ago".  But in some cases, the guy who did it first, got the patent, and it is impossible to show that someone actually did it before the patent filing date.  In this case, the patent is upheld. 

Apple continues to search for prior art related to ''cache snooping'' - but for now, they owe about $22 Million.  So long as the patent filing date is the earliest public disclosure of an invention, the patent is rock solid. 

Excellent news for Green Tech inventors: your patents will now get examination priority.  This comes at a time when examinations are very slow in coming and should help increase patent, financial and engineering activity in the Green Tech communities. 

Commerce Secretary Gary Locke said: "American competitiveness depends on innovation and innovation depends on creative Americans developing new technology," Locke said in a statement. "Every day an important green tech innovation is hindered from coming to market is another day we harm our planet and another day lost in creating green businesses and green jobs"