The two classic blunders

Ha ha, you fool! You fell victim to one of the classic blunders! The most famous of which is “never get involved in a land war in Asia,” but only slightly less well-known is this: “Never go in against a Sicilian when death is on the line!”

Back a couple of years ago when the Supreme Court was hearing arguments in Bilski v. Kappos I wrote a post called Watershed moment. While Bilski did in fact uphold the validity of software patents as a matter of principle (much to my chagrin), it did not make it any easier to prove patentability.

In fact, as a comment entitled The Supremes are going to be very angry on Groklaw points out today, it may have opened the door for Google’s defense during the patent phase of Oracle v. Google. This is succinctly set forth in a reply to the comment as:

Google aren’t doing anything patentable, so they couldn’t be infringing on someone else’s patent.

Note: In case anyone was wondering, my own progenitors were, in fact, Sicilian. But that’s a subject for another time.