Bonum Certa Men Certa

Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

The "genius" behind the infamous "one-click shopping" software patent

Bezos gives lecture



Summary: The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina

While some software patents survive the SCOTUS ruling in the Alice v. CLS Bank case (notably in banking), many software patents are being invalidated and applications fail (not many software patents are being granted, despite 92% of all patent applications ending up being granted as rubber-stamped patents). Existing holders of software patents may be reluctant to sue, knowing that any lawsuit may deem these patents invalid and hence incapable of imposing the signing of patent deals or serve as deterrents. As Timothy B. Lee put it the other day:



The patent office is rejecting a lot more software patents



A June Supreme Court decision on the legality of software patents has been sending shockwaves through the legal system. The case, called Alice v. CLS Bank, has led to a bunch of lower court decisions invalidating software patents. It may also have been responsible for September's sharp decline in patent lawsuits.

The decision appears to be having another effect that could be even more important in the long run: it's causing the patent office to reject a lot more patents on "business methods," a category of software patent that is notorious for its high litigation rate. While that might be bad news for the people seeking these types of patents, it means that there could be a lot fewer patent troll lawsuits over the next two decades.


Here are some new figures that indicate massive decline in patent lawsuits after the Alice case:

Plaintiffs filed 329 new federal patent cases in September 2014, a 40% decrease from the 549 cases filed in September 2013.

After reaching a record high of 675 new cases filed in April 2014, filings over the last five months have tailed off significantly (see Figure 1).

Month-over-month comparisons of 2014 and 2013 reveals lower 2014 monthly totals since May (see Figure 2).


Here is the former author, Timothy B. Lee, addressing this matter:

In a June decision called CLS Bank v. Alice, the Supreme Court called into question the validity of many software patents. Since then, there have been over a dozen lower-court decisions invalidating software patents.

New data from the legal analytics firm Lex Machina suggests that the newfound judicial hostility toward software patents is making plaintiffs gunshy:

Patent lawsuits in September were down 40% from last year


Here is the trolls expert writing about it.

"Months after Alice v. CLS Bank, patent litigation has hit a near-record low," explains Joe Mullin. "The drop comes shortly after new patent rules came down from the Supreme Court. Most notably, the Alice v. CLS Bank decision made it clear that courts shouldn't accept "do it on a computer"-type patents as valid. That's resulted in nearly a dozen patents being tossed out in a short period of time, and some patent trolls with dubious patents aren't bothering to fight it out anymore."

One other site, a front group for corporations, focuses on patent quality when slamming an Apple patent that was used against Android (and Linux by extension). Levy asks, "remember that “pinch to zoom” patent that Apple tried using against Samsung? That was filed on January 7, 2007."

He shows a video about it and he adds: "The Jeff Han video clearly discloses pinch to zoom, nearly a year before Apple filed its patent application. While it’s true that the patent was eventually invalidated, it should never have issued. (And I’m sure there are many more “gesture” patents that are disclosed in this video, too.)"

Finally, Levy says: "If we’re serious about patent quality, examiners need to be able to find everything that’s out there. There are software tools to screenshot videos, and people could be hired to transcribe them. But examiners don’t have that help, and, in fact, many patent examiners are using outdated, inefficient equipment and software. It’s no wonder patents like “pinch to zoom” get issued."

It sure looks like things are changing when it comes to patent bar (not barristers but bar for quality), though apparently only in the area of software.

Recent Techrights' Posts

Two Risks to Companies: The Microsoft Culture and the Microsoft Tools
Novell was killed by a form of "social engineering" by Microsoft
It's Hard to Trust People Who Worked - Not Only Those Who Still Work - at Microsoft
Bryan Lunduke is just what people would call an "arsehole of a person"
Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
 
[Video] "Copyleft Isn't a Bug."
"Copyleft isn’t a bug. It’s a feature. GNU GPL forced the world to treat code like a public good."
Being in Social Control Media Means Exposing Oneself to Heckling
Richard Stallman does not (either himself or directly) post to any social control media
Links 06/07/2025: Airlines Perils, Scams, and Breaches
Links for the day
For the Second Time, Bryan Lunduke From Microsoft is Siccing Racist Trolls and Vandals at Me
You're only reinforcing the point we made yesterday
Links 06/07/2025: End to End Encryption at Risk, Reuters Twitter ("X") Account Withheld in India
Links for the day
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
Rewriting Things in Rust
How far would you go?
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead