09.10.15

Gemini version available ♊︎

The Alice Case Beats Microsoft’s Patent Troll Intellectual Ventures (Yet Again)

Posted in America, Courtroom, Microsoft, Patents at 6:08 am by Dr. Roy Schestowitz

“The genesis of this idea was when I was at Microsoft.” —Nathan Myhrvold, WSJ: Transcript: Myhrvold of Intellectual Ventures

Summary: Intellectual Ventures suffers another major blow as Alice v. CLS Bank (Alice/§101) smashes software patents in the United States

WE finally have some more good news regarding Microsoft’s pet troll, Intellectual Ventures (IV), which has been funded by and works with Bill Gates.

Patent Buddy, which has been good at tracking the post-Alice aftermath, has found this followup to previous IV v. Capital One losses, “Second IV Patent Asserted Against Capital One Also Killed by Alice/101,” he claims, linking to this ruling [PDF].

This is part of a broader trend because as Patent Buddy put it another day, “101 Patentability-USPTO Bypasses Substantive 103 Examination” (101 refers to Alice).

More software patents were being thrown down the drain by a judge last week. To quote Reuters: “A federal court in Delaware has invalidated a patent on multimedia messaging early in a lawsuit against some of the country’s largest cellphone providers, another example of a controversial trend that critics say wipes out patents before they are fully understood.”

“Anyone who is not intellectually dishonest because he or she does patent ‘business’ for a living would probably acknowledge by now that software patents are on their death throes.”“US business method patent applications down 52.4% since Alice,” moaned the patent lawyers in Twitter, pointing to their new analysis which states that: “Companies have pulled back drastically from filing business method patent applications in the US. Managing IP analysed figures for USPTO applications in patent class 705, the class covering “data processing” in which business method patents are placed.

“Patent applications in class 705 not only plummeted after the Alice decision on June 19 2014, but have kept tumbling.

“Some 8,620 class 705 patent applications were filed in the 12 months between July 1 2013 and June 30 2014. In the same period 12 months later, after Alice, the figure was 4,106 – a 52.4% drop.”

Patent maximalists that glorify the world’s biggest patent troll (IV) are now offering their ‘analysis’ (actually, offering by proxy), claiming that “Software Patents Are Resilient in the Wake of Alice Corp. vs. CLS Bank”.

Yeah, right. And the world is cooling down, too. According to News Corp. and other oil tycoons-connected ‘news’ networks. Anyone who is not intellectually dishonest because he or she does patent ‘business’ for a living would probably acknowledge by now that software patents are on their death throes.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  2. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  3. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  4. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  5. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day



  6. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  7. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  8. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  9. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  10. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  11. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  12. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  13. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  14. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  15. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  16. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  17. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  18. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  19. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  20. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  21. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  22. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  23. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  24. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  25. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  26. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  27. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  28. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  29. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  30. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day


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