EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.11.12

Court of Appeals for the Federal Circuit Promotes Software Patents

Posted in America, Patents at 2:12 pm by Dr. Roy Schestowitz

Court of Appeals for the Federal Circuit

Summary: The Court of Appeals for the Federal Circuit (CAFC) gets publicity as it’s painted as a software patents proponent

Mike Masnick denounces CAFC, noting: “We’ve written many, many times about the problems created by the Court of Appeals for the Federal Circuit, CAFC, who (among other things) is the appeals court that has jurisdiction over all patent appeals. It’s a court that has been around for 30 years as of this week, and in the opinion of many, has been an unmitigated disaster. Of course, if you’re a patent lawyer or a patent troll, you might think the opposite. As we’ve discussed in the past, CAFC has spent the last 30 years massively helping patent holders by expanding the definitions of what was patentable, and generally being much, much, much more favorable to patent holders than appeals courts had been back when jurisdiction was split among the 12 difference circuit appeals courts. With its 30th anniversary this week, Tim Lee has written a post detailing how it “wrecked the patent system.” It’s a great read, covering a number of key points.”

Timothy B. Lee accuses CAFC of legalising software patents. He defends his allegation from a patent lawyer with a big mouth. To quote his piece: “Most of the time I ignore trolls in the hope they’ll go away. But patent attorney; Gene Quinn outright accuses me of lying in his response to my recent piece on how the Federal Circuit Court of Appeals wrecked the patent system. So I thought a quick response was in order. Here’s Quinn, arguing that my claim that “software was generally considered to be ineligible for patent protection” under pre-1982 Supreme Court precedents is “completely false.”” Gene Quinn is known as Patent Watchtroll here.

“…CAFC has spent the last 30 years massively helping patent holders by expanding the definitions of what was patentable, and generally being much, much, much more favorable to patent holders than appeals courts had been back when jurisdiction was split among the 12 difference circuit appeals courts.”
      –Mike Masnick
Here is what patent maximalists say: “The Federal Circuit has refocused its attention on the question of patentable subject matter and has ordered an en banc rehearing of CLS Bank Int’l. v. Alice Corp. (Fed. Cir. 2012). In its initial panel opinion, the Federal Circuit held that, when considered as a whole, the claimed data processing invention was patent eligible. Judge Linn wrote the majority opinion suggesting that a court should only reach Section 101 issues when subject matter ineligibility is “manifestly evident”. Judge Prost wrote in dissent and argued that the majority improperly ignored the Supreme Court’s most recent statements on the topic found in Prometheus. The patentable subject matter question in CLS Bank is virtually indistinguishable from the parallel issue in Bancorp v. Sun Life. In that case, however, the Federal Circuit ruled the invention ineligible.”

Mark Webbink, a law professor, says that “Federal Circuit to Consider the Patentable Subject Matter of Software”. Here is his personal stance: “While I feel we should be restrained in our expectations of the Court establishing a more limited view of software patentability, at least they are asking the questions and inviting broad input.

“This grant of rehearing vacates the July 9, 2012 decision of the Federal Circuit panel consisting of Judges Linn and O’Malley in the majority and Prost in the dissent. That decision was roundly questioned here and elsewhere (Patently-O and IPWatchdog).”

Pogson weighed in as well. On many occasions we criticised SCOTUS (e.g. [1, 2]), but perhaps CAFC too serves corporate interests.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Science Minister Sam Gyimah and the EPO Are Eager to Attack Science by Bringing Patent Trolls to Europe/European Union and the United Kingdom

    Team UPC has managed to indoctrinate or hijack key positions, causing those whose job is to promote science to actually promote patent trolls and litigation (suppressing science rather than advancing it)



  2. USF Revisits EPO Abuses, Highlighting an Urgent Need for Action

    “Staff Representation Disciplinary Cases” — a message circulated at the end of last week — reveals the persistence of union-busting agenda and injustice at the EPO



  3. Links 14/11/2018: KDevelop 5.3, Omarine 5.3, Canonical Not for Sale

    Links for the day



  4. Second Day of EPOPIC: Yet More Promotion of Software Patents in Europe in Defiance of Courts, EPC, Parliament and Common Sense

    Using bogus interpretations of the EPC — ones that courts have repeatedly rejected — the EPO continues to grant bogus/fake/bunk patents on abstract ideas, then justifies that practice (when the audience comes from the litigation ‘industry’)



  5. Allegations That António Campinos 'Bought' His Presidency and is Still Paying for it

    Rumours persist that after Battistelli had rigged the election in favour of his compatriot nefarious things related to that were still visible



  6. WIPO Corruption and Coverup Mirror EPO Tactics

    Suppression of staff representatives and whistleblowers carries on at WIPO and the EPO; people who speak out about abuses are themselves being treated like abusers



  7. Links 13/11/2018: HPC Domination (Top 500 All GNU/Linux) and OpenStack News

    Links for the day



  8. The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

    The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator



  9. Yannis Skulikaris Promotes Software Patents at EPOPIC, Defending the Questionable Practice Under António Campinos

    The reckless advocacy for abstract patents on mere algorithms from a new and less familiar face; the EPO is definitely eager to grant software patents and it explains to stakeholders how to do it



  10. The U.S. Chamber of Commerce is Working for Patent Trolls and Patent Maximalists

    The patent trolls' propagandists are joining forces and pushing for a patent system that is hostile to science, technology, and innovation in general (so as to enable a bunch of aggressive law firms to tax everybody)



  11. Team UPC, Fronting for Patent Trolls From the US, is Calling Facts “Resistance”

    The tactics of Team UPC have gotten so tastelessly bad and its motivation so shallow (extortion in Europe) that one begins to wonder why these people are willing to tarnish everything that's left of their reputation



  12. The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

    New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)



  13. Links 12/11/2018: Linux 4.20 RC2, Denuvo DRM Defeated Again

    Links for the day



  14. Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

    The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)



  15. The Federal Circuit and PTAB Are Not Slowing Down; Patent Maximalists Claim It's 'Harassment' to Question a Patent's Validity

    There’s no sign of stopping when it comes to harassment of judges and courts; those who make a living from patent threats and litigation do anything conceivable to stop the ‘bloodbath’ of US patents which were never supposed to have been granted in the first place



  16. Patent Maximalists Will Latch Onto Return Mail v US Postal Service in an Effort to Weaken or Limit Post-Grant Reviews of US Patents

    An upcoming case, dealing with what governments can and cannot do with/to patents (specifically the US government and US patents), interests the litigation 'industry' because it loathes reviews of low-quality and/or controversial patents (these reviews discourage litigation or stop lawsuits early on in the cycle)



  17. Guest Post: EPO Spins Censorship of Staff Representation

    Another concrete example of Campinos' cynical story-telling



  18. Andrei Iancu and Laura Peter Are Two Proponents of Patent Trolls at the Top of the USPTO

    Patent offices do not seem to care about the law, about the courts, about judges and so on; all they care about is money (and litigation costs) and that’s a very major problem



  19. The Patent 'Industry' Wants Incitations and Feuds, Not Innovation and Collaboration

    The litigation giants and their drones keep insisting that they're interested in helping scientists; but sooner or later the real (productive) industry learns to kick them to the curb and work together instead of suing



  20. EPO 'Outsourcing' Rumours

    The EPO advertises jobs in Prague and Lisbon; this leads to speculations less than a year after António Campinos sent EU-IPO jobs to India (for cost reduction)



  21. Links 11/11/2018: Bison 3.2.1 and FreeBSD 12.0 Beta 4

    Links for the day



  22. Pro-Litigation Front Groups Like CIPA and Team UPC Control the EPO, Which Shamelessly Grants Software Patents

    With buzzwords and hype like "insurtech", "fintech", "blockchains" and "AI" the EPO (and to some degree the USPTO as well) looks to allow a very wide range of software patents; the sole goal is to grant millions of low-quality patents, creating unnecessary litigation in Europe



  23. Latest Loophole: To Get Software Patents From the EPO One Can Just Claim That They're 'on a Car'

    The EPO has a new 'study' (accompanied by an extensive media/PR campaign) that paints software as "SDV" if it runs on a car, celebrating growth of such software patents



  24. The Huge Cost of Wrongly-Granted European Patents, Recklessly Granted by the European Patent Office (EPO)

    It took 4 years for many thousands of people to have just one patent of Monsanto/Bayer revoked; what does that say about the impact of erroneous patent awards?



  25. Links 10/11/2018: Mesa 18.3 RC2, ‘Linux on DeX’ Beta and Windows Breaking Itself Again

    Links for the day



  26. Unified Patents Takes Aim at Velos Media SEPs, Passed From Patent Aggressor Qualcomm

    The latest endeavour from Unified Patents takes aim at notorious standard-essential patents (SEPs), which are not compatible with Free/Open Source software and are typically invalid as per 35 U.S.C. § 101 as well



  27. Stacked Panels of Front Groups Against PTAB and in Favour of Patents on Life/Nature

    So-called 'panels' where the opposition is occluded or excluded try to sell the impression that greatness comes from patent maximalism (overpatenting) rather than restriction based on merit and rational scope



  28. With Patent Trolls Like Finjan and Blackbird Tech out There, Microsoft in OIN Does Not Mean Safety

    With many patent trolls out there (Microsoft’s Intellectual Ventures alone has thousands of them) it’s not at all clear how Microsoft can honestly claim to have reached a “truce”; OIN deals with issues which last manifested/publicly revealed themselves a decade ago (Microsoft suing directly, not by proxy)



  29. Links 9/11/2018: Qt 5.12.0 Beta 4, Ubuntu On Samsung Galaxy Devices, Rust 1.30.1

    Links for the day



  30. Microsoft is Supporting Patent Trolls, Still. New Leadership at USPTO Gives Room for Concern.

    New statements from Microsoft's management (Andersen) serve to show that Microsoft hasn't really changed; it's just trying to sell "Azure IP Advantage", hoping that enough patent trolls with their dubious software patents will blackmail GNU/Linux users into adopting Azure for 'protection'


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts