Blogger tries humor to implore the courts come to grips with software patents

Ria Farrell Schalnat, a guest blogger on Patent Baristas, has published an illuminating imaginary letter from the U.S. Court of Appeals for the Federal  Circuit judges to the U.S. Supreme Court that pleads for a granting of certiorari when Alice Corporation appeals their recent setback in CLS Bank International v. Alice Corporation Pty. Ltd. Per Curiam, stating “we just can’t figure out how to apply Bilski v. Kappos when it comes to computer system claims (and some of us are also unhappy when it comes to the method claims)”… and predicting a stranglehold on innovation if the USSC fails to act … “Besides, if you don’t grant cert, ‘with today’s judicial deadlock, the only assurance is that any successful innovation is likely to be challenged in opportunistic litigation, whose result will depend on the random selection of the panel.’”

Analysts working on software valuations are having the same difficulty understanding and quantifying the risks to continued benefit streams.