Microsoft's FAT patent struck down in EU due to prior art of

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Microsoft's FAT patent struck down in EU due to prior art of

Postby mmix on Sun Dec 08, 2013 5:04 pm

Microsoft's FAT patent struck down in EU due to prior art of Linus Torvalds

http://www.fosspatents.com/2013/12/fede ... rmany.html
http://www.mactechnews.de/forum/discuss ... 16599.html
http://it.reddit.com/r/linux/comments/1 ... own_in_eu/

Today the Bundespatentgericht (Federal Patent Court of Germany, BPatG) held a full-day nullity (invalidation) trial at the conclusion of which Judge Vivian Sredl, who presides over the Second Nullity Senate, announced the ruling that EP0618540 on a "common name space for long and short filenames" is invalid in its entirety (including Microsoft's proposed amendments) because the court found that all of the elements distinguishing the patented invention from the prior art (which includes a Linus Torvalds post to a mailing list) did not satisfy the technicity requirement under European patent law. Microsoft can and presumably will appeal this decision to the Bundesgerichtshof (Federal Court of Justice, BGH), the country's highest court apart from a specialized constitutional court.
mmix
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