Bonum Certa Men Certa

As Demise of Software Patents (and More) in Line With Alice/Section 101 Accelerates, Hashtag #AliceStorm Introduced to Highlight Examples

In Lieu of Decades of Bad Practice

Bilski Blog chart
Credit: Bilski Blog



Summary: The so-called 'AliceStorm' is eliminating software patents (and other abstract patents) at an alarming (to patent lawyers) rate

LAST WEEK we wrote about Michelle Lee's remarks on patent law, conjoined with the report about the Alice case beating Microsoft's patent troll, Intellectual Ventures. Lee's remarks were important because she is now the leading face of the USPTO (no matter her job title) and Alice is killing software patents very fast, impeding Microsoft's attacks on Free software in the process. It was only four days ago that we last cited a new example where Alice slaughtered software patents, paving the way (by citation or argument/strategy) for future legal cases where software patents are at stake. This is one of the most fantastic developments that Techrights has seen in nearly a decade and if Groklaw was still active, it too would be jubilant (it partly celebrated the Alice ruling in News Picks, coming back to life after less than a year of total silence).



"Lee is finally recognising that everything has changed and therefore the USPTO needs somewhat of an examination overhaul, for courts almost always disagree on software patents granted by the USPTO."Michelle Lee now claims that the USPTO needs more Section 101 guidance, based on this patent lawyers' site. Lee is finally recognising that everything has changed and therefore the USPTO needs somewhat of an examination overhaul, for courts almost always disagree on software patents granted by the USPTO. Just look at the statistics.

According to Patent Buddy, this new ruling [PDF] is yet another victory. "Another case where application of Alice/101 to kill patents has jumped the fence from business methods to software," to quote Patent Buddy, who added: "We are seeing 101/Alice rejections for everything from MRI devices to adhesives!" According to another new find from Patent Buddy, "US Pat. 6728877 and 7346766 Killed with 101/Alice in Summary Judgment in Lawsuit Against Lenovo by Tranxition in Oregon Dist. Ct."

This isn't being overlooked, except by patent lawyers who probably hope that nobody will pay attention. They cherry-pick the few cases where software patents somehow survive. Here is a software patents' booster whining about this. He wrote: "Deals are still being done in the software patent world, but patent valuation is significantly less than even just a few years ago."

It's hardly shocking.

"The Alice/101 Kill Rate Is Accelerating," Patent Buddy added, linking to a "MUST READ From Bilski Blog" where Robert R. Sachs coins (or advertises) the word/hashtag "AliceStorm". To quote Sachs: "In just the first ten days of July, there have been ten decisions on patent eligibility—more decisions in first ten days of any month since Alice was decided last year. At this pace, we could see some twenty to thirty decisions this month. #AliceStorm is accelerating."

It sure looks like even some of the most respected legal blogs (like Bilski Blog in this case) recognise that software patents are weakened by Alice orders of magnitude more often then they were weakened (or invalidated) by the famous Bilski case (it did happen albeit very infrequently).

Recent Techrights' Posts

Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
 
Why U No Use AI???
Many hype waves come and go
There Are Still Slopfarms in Google News
Google is trying to participate in if not lead this pyramid scheme
The Cyber Show Explains How Slop and Promotion of Slop is About Taking Control Away From Computer Users
"On making a trustworthy machine"
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week
The Register MS: "AI" More Than 80 Times in One Article. But It's Not an Article, It's Sponsored Keyword-stuffed Page.
The Register MS is being paid to actively promoted this scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 09, 2026
IRC logs for Thursday, July 09, 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 08, 2026
IRC logs for Wednesday, July 08, 2026