6 ‘‘ 285A. Recovery of litigation costs for computer
7 hardware and software patent
8 ‘‘(a) IN GENERAL.—Notwithstanding section 285, in
9 an action disputing the validity or alleging the infringe-
10 ment of a computer hardware or software patent, upon
11 making a determination that the party alleging the in-
12 fringement of the patent did not have a reasonable likeli-
13 hood of succeeding, the court may award the recovery of
14 full costs to the prevailing party, including reasonable at-
15 torney’s fees, other than the United States.
The language allows the judge presiding over the case to effectively determine whether the case was a frivolous case, meaning there's a decent chance that this won't deter legitimate patent suits. That said, only time will tell.
On many days, the San Francisco courtroom where he presided was more like a computer science classroom. Alsup acknowledged during the trial that he had learned about Java coding to better prepare for the case, and it showed. On a daily basis, he would deftly query the lawyers and expert witnesses on the structure, sequence, and organizations of APIs to assist the jury in understanding the key facets of the copyright phase of the trial.
This is why I have respect for Judge Alsup. In order to apply the law in a complex engineering-related case, he worked to learn the subject matter in order to properly apply the law to the material. That's how I expect every Judge should apply the law rather than just sit and "trust the experts" per-se.
Although perhaps not for daily use, the technology could prove valuable in science experiments
You kidding me? The prospect of GPS-guided bullets accurate to the millimeter will have the US military pursuing this in next-gen GPS satellites as soon as the technology is viable. Hell, this'll be the most valuable update to military hardware in decades.
Trying to be happy is like trying to build a machine for which the only specification is that it should run noiselessly.