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

01.17.15

Patent Lawyers Can’t Help Rewriting Alice v. CLS Bank History

Posted in Deception, Patents at 4:12 pm by Dr. Roy Schestowitz

Patent lawyers now behave like lobbyists of the tobacco giants who fought science

No smoking

Summary: The league of patent lawyers — people who profit at the expense of software producers — keeps brainwashing the public about the patentability of software (both the rationale and the potential)

The fight against software patents has been a success in recent years, especially last year. Weeks ago we published a long article bemoaning the propaganda from patent lawyers and their sites, including so-called ‘news’ sites (teaching them a biased, echo chamber-like reality with ‘tricks’ for fooling the patent system). These people wish to tell software companies and programmers something like “thank you for smoking” with a slant; “thank you for hiring us to bamboozle the system into granting another software patent” would be their motto.

“Patent lawyers already lost the battle when it comes to rationalising software patents (even software professionals hate patents), so now they resort to a strategy which portrays software patents as easy to obtain, easy to win legal battles with, and hence worth obtaining.”It may come to some as surprising that many patent lawyers actually follow Techrights and some appreciate it for the unique angle. Some really hate it and leave abusive comments with the word “poo-poo” in them (these comments come from patent firms).

Today we wish to highlight this report about Alice v. CLS Bank being used in an attempt to kill a software patent. As Law 360 put it, “Cloud-storage company Box Inc. urged a California federal judge on Wednesday to rule that certain claims of several Open Text SA collaboration software patents that Box allegedly infringed are invalid under the U.S. Supreme Court’s Alice ruling because they simply computerize an abstract concept.”

Another law-oriented site wrote a pro-software patents analysis. They seem to be missing a lot of the recent cases where software patents were successfully thwarted using Alice v. CLS Bank. Well, the lawyers’ Web sites select only/mostly cases where software patents remain standing. To quote National Law Review : “In another hopeful sign that “the exception won’t swallow the rule”, the Central District of California has refused to apply Alice to invalidate a software patent – U.S. Patent No. 8,393,969 – for player tracking in a gaming establishment. In this case, Ameranth_ Inc. v. Genesis Gaming Solutions_ Inc, case number 8:11-cv-00189, the defendants filed a motion for Summary Judgment of Patent Invalidity of the ’969 Patent. Defendants asked the Court to rule that the asserted claims of the ’969 Patent fail 35 U.S.C.§ 101 because they are directed to the abstract idea of a customer loyalty program directed to poker players, without adding significantly more to that abstract idea.”

The bias (by selection) can be seen not just in pro-patents news sites but also the patent ‘industry’. Some new examples all come from the pro-software patents crowd, i.e. patent lawyers. Consider [1, 2, 3, 4, 5, 6, 7].

We have said it before and it is worth repeating. Do not be misled by the pro-software patents propaganda that floods the press these days. They are squirming to turn back time and return to their oasis of easy patent application and litigation using mere abstract ideas (like some action “on a computer” or “over the Internet”). They are losing the battle because practicing entities have gotten fed up and they are now vocal about it (examples from today).

Proponents of software patents are not software professionals. In fact almost always, perhaps more than 90% of the time, this perverted view is promoted by patent lawyers, not by scientists. So it’s a war between makers and the parasites, to generalise just a little. Patent lawyers already lost the battle when it comes to rationalising software patents (even software professionals hate patents), so now they resort to a strategy which portrays software patents as easy to obtain, easy to win legal battles with, and hence worth obtaining. The very opposite is true, as we shall show in the next post about patents and their decreased potential.

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. What It Would Take for Linus Torvalds to Leave Linux Foundation Without the Linux Trademark and Without Linux

    It's nice to think that the founder of Linux can just take his project and walk away, moving elsewhere, i.e. away from the Microsoft-employed executives who now "boss" him; but it's not that simple anymore



  2. The Past Does Not Go Away, Except From Short-Term Memories

    People who are drunk on power and money (sometimes not even their own money) like to portray themselves as the very opposite of what they are; but in the age of the Internet it's difficult to make the general public simply forget the past and "move on..."



  3. IRC Proceedings: Sunday, May 31, 2020

    IRC logs for Sunday, May 31, 2020



  4. Links 1/6/2020: OpenMandriva Lx 4.1 2020.05, Linux Lite 5.0 Release, FreeBSD 11.4 RC2

    Links for the day



  5. It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')

    It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')



  6. Lessons of Michael Arrington (About Microsoft)

    Microsoft and Bill Gates have a long history bullying their critics; the quote above (or below) shows how even people who advertise with Microsoft are becoming the target of abuse



  7. 'Best' of Both Worlds: GNU/Linux Freedom + Malware With Keyloggers and DRM

    Running a Microsoft-controlled GNU/Linux instance under Vista 10 ("Windows Subsystem for Linux") in the age of virtual machines, dual boot and containers makes as much sense as chopping some carrots to go with the veal meal to appease vegetarian diners



  8. First They Bribe the Employer, Media Lynch Mobs May Follow

    The 'cancel culture' lynch mobs, which leverage social causes (or marginalised groups), remain a convenient means by which to oust one's political/business opposition; but money too is a massive contributing factor and the more one has of it, the easier it is to control media narrative and subversive focus



  9. Upcoming Series Teaser: The Bribery Operation of William Henry Gates III

    Bribery goes a very long way when it comes to the megalomaniac who pays the media to portray him as the world's most generous person



  10. Windows Ransomware Must Not be Unspeakable When People Die in Large Numbers Due to That (and Windows Has Intentional Back Doors)

    Loss of electronic patient records, ransom and downtime among the severe consequences of deploying Microsoft inside hospitals; yet the media rarely names the real culprit (manslaughter charges theoretically possible) and nobody gets punished except those who offer real solutions



  11. IRC Proceedings: Saturday, May 30, 2020

    IRC logs for Saturday, May 30, 2020



  12. Burning the House That Richard Stallman (RMS) Built: An Open Letter to GNU Maintainers Who Opposed RMS

    An open letter to people who petitioned RMS to step down and who outsource GNU projects to Microsoft (GitHub)



  13. Links 30/5/2020: Godot Editor Under Web Browsers, Alpine Linux 3.12.0 and EasyOS 2.3

    Links for the day



  14. EPO's Illegal Patents and Massive Corruption Go Unnoticed by Corporate Media and Sites That Cover Patent News

    Very major corruption scandals still emerge in Europe's second-largest institution and illegal patents get granted as well as promoted; somehow, perhaps miraculously, this no longer seems to bother anybody in the media (corruption and radical policies have been gradually 'normalised')



  15. Never Mind If GNU/Linux Works Better Inside Hospitals and Free Software Not Only Safer But Vastly More Efficient...

    With lives on the line one might expect hospitals to choose what's most secure and generally works best; but in practice there seems to be a leaning towards what bribes best



  16. Sick Alexander Ramsey is Using a Public Health Crisis to Lie About the Unitary Patent, Whose Fall Made Him Redundant and/or Obsolete

    Weaponised media continues to manufacture utterly ridiculous puff pieces for Team UPC, containing intentional lies from beginning to end



  17. IRC Proceedings: Friday, May 29, 2020

    IRC logs for Friday, May 29, 2020



  18. They Came, They Saw, He Died

    Microsoft is an inherently sociopathic company; today's story of AppGet is an important reminder that Microsoft has not changed and isn't changing (Maui is another week-old example of trademark-hijacking tactics by Microsoft)



  19. Microsoft-Connected CloudGuru Doesn't Care About GNU/Linux and Now It's Gradually Killing the BSD/Linux-Centric Jupiter Broadcasting (Bought by Linux Academy)

    Assuming Docker is being 'killed' by Microsoft (or at least hijacked to push Windows, Azure and so on) while the GitHub-hosted (Microsoft) CloudGuru, whose co-founder comes from Microsoft, ‘finishes the job’ with Linux Academy and its assets, it’s time to take stock of a pattern/trend that ruins the media too



  20. What Happened to Docker is a Cautionary Tale About the Not-So-New Microsoft

    It’s hardly shocking that Docker collapsed (mass-scale layoffs) after the company had gotten close to Microsoft and got rid of its very own founder (a Red Hat veteran) while the software is being killed off/co-opted by Microsoft (all over the news this week; we’ve omitted links by intention as it’s only puff pieces, no investigative journalism anywhere); we only ask one thing: is anyone paying attention and, if so, what are the lessons learned?



  21. If You Want to Support and Follow Us 'Properly', Really Simple Syndication (RSS) is Most Reliable and Robust to Censorship

    Our longstanding position on social control media (we reject it and don't participate in it) is only proven ever more justified now that the mere idea of fact-checking is seen as controversial if not illegal



  22. Links 29/5/2020: Genode OS 20.05 and FSF Video Conferencing Service

    Links for the day



  23. IRC Proceedings: Thursday, May 28, 2020

    IRC logs for Thursday, May 28, 2020



  24. Weaponised Media Promoting an Illegal Patent System (UPC), Exploiting Major Pandemic in the Process

    The whole 'unitary' scam/ploy (merely a Trojan horse for litigation and low-quality/invalid patents) is being promoted by Thierry Breton as EU Internal Market Commissioner (in spite of illegalities and constitutional issues), merely reinforcing the view that the EU is rather complicit in the abuses perpetrated by Team Battistelli; the media in the pockets of oligarchs and litigation firms (fronting for these oligarchs) plays along, as usual



  25. Links 28/5/2020: OpenSSH 8.3, New Mesa Release, Raspberry Pi 4 News, Fedora 32 Elections

    Links for the day



  26. The EPO Became a Very Radical Institution

    Projection tactics are doomed to say more about the people who utilise them than about anybody else; the EPO has become so autocratic and corrupt that corruption is seen as normal and workers who explain this corruption are framed as "irrational" or "crazy" or "radical"



  27. IRC Proceedings: Wednesday, May 27, 2020

    IRC logs for Wednesday, May 27, 2020



  28. Allegations That Microsoft Will Ruin Besieged Clinics and Hospitals to Retaliate Against Those Who Name the Culprit

    With a broader picture coming into view, as per the above index, we're starting to wrap up the series while issuing a call for more stories and eyewitness testimonies, exposing the nature of attacks on hospitals (those almost always target Microsoft and others' proprietary software, which is technically unfit for purpose)



  29. Microsoft Has Ideas...

    Based on the pattern of media coverage, composed by Microsoft MVPs and Microsoft-affiliated blogs/sites, confusing the public about the meaning of GNU/Linux is reminiscent of an "Extend" phase



  30. ZDNet Proves Our Point by Doing Not a Single Article About Linux (RC7), Only About Linus and Windows Clickbait Junk

    It seems abundantly clear that nobody wants to cover the actual news about Linux and instead it’s all about which PC Linus Torvalds is using (gossip/tabloid); ZDNet‘s latest two articles are an example of this…


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

Recent Posts