Peter Wolf/PhotoCrazy Patent Declared INVALID

John Patrick

And in summary judgment, no less!

Read it here:

https://www.eff.org/files/2014/10/29/capstone_order_granting_motion_for_judgment_on_the_pleadings.pdf

:barb:clap:ivar:barb:clap:ivar

This is FANTASTIC news for all sports/event photographers!

SmugMug, I think you can probably stop paying (and charging for) those royalties. Consult your lawyer, first, though.

John

aj986s

I'm surprised it took this long to validate the obvious (from Page 7):

A patent may be obtained for “any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement thereof.” 35 U.S.C. § 101.
This provision “contains an important implicit exception: Laws of nature, natural
phenomena, and abstract ideas are not patentable."

mercphoto

This is great news, sad the patent was ever granted in the first place, and also sad so many companies before now didn't bother to fight it.

AceCo55

mercphoto wrote: »

... and also sad so many companies before now didn't bother to fight it.

Probably because of the cost of fighting it in court.
Capstone forked out $100,000 to get this result (which will benefit so many others).
I agree though - how this madness got a patent for it in the first place is the problem.

darryl

Huh, I was just thinking about this when discussing the Power Rangers reboot takedown, which is not even remotely related, but falls under the category of legal annoyances (http://kotaku.com/the-people-behind-power-rangers-are-trying-to-kill-that-1688002194).

It's great news to hear this stupid patent has been invalidated, and I just donated $20 to Capstone's legal fund.

http://www.gofundme.com/74shjo

fightingforright

Fighting for Patent Reform Continues
As you probably know, I was the defendant in this ridiculous case. I'm proud to be the one responsible for overturning these weak patents that were used against so many photographers.

This case has become the poster child of what's wrong with our patent system. I have been approached by Application Developer Alliance and United for Patent Reform, and I have joined the lobbying efforts of those two groups. As part of that coordinated effort, I have written my congressmen (again), and written an Op-Ed piece that will run in Connecticut newspapers soon. Pandora.com is running pro-patent-reform ads using my name and story.

I am scheduled to testify to the Senate Judiciary Committee next month, as they seek to understand the effect that patent abuse has had on small businesses. The House Judiciary Committee has requested my testimony via video, and that has already been filmed and submitted. Finally, a meeting is being planned between myself and Senator Blumenthal. I hope some good will come of all this so other photographers do not suffer what I had to endure.

If you haven't donated, PLEASE consider making a small donation at www.endpatentabuse.com. This cost $100,000 to defend and to correct a wrong in our industry. We're still reeling from those expenses. Won't you help?

Thank goodness that in the end, our legal system worked. From the bottom of my heart, I thank all of you for your support as we stood up for what's right!

AceCo55

fightingforright wrote: »

If you haven't donated, PLEASE consider making a small donation at www.endpatentabuse.com. This cost $100,000 to defend and to correct a wrong in our industry. We're still reeling from those expenses. Won't you help?

Done!
... and thank you