Bonum Certa Men Certa

How Patent Lawyers Cover Alice v. CLS Bank (Alice Case/€§101)

The Christopher Moncktons of the (patent) world...

Christopher Monckton



Summary: Introducing the notion of Alice denialists in relation to many patent lawyers, who (at risk of over-generalising) make money from patenting software and conveniently deny the consequence of Alice v. CLS Bank, even in the face of strong evidence

IT IS impossible to deny that SCOTUS has had major impact after Alice, more so than after Bilski. Only a chronic denier would say that SCOTUS did not change anything, with factual evidence of even pro-software patents courts like CAFC (where software patents got started) having to invalidate software patents and the USPTO altering guidelines for patent examiners accordingly.



"The denialists profess, as they have for about a year and a half, that nothing has changed and they bamboozle their clients accordingly, in order to protect the flow of money."Allegedly invoking the Holocaust to strongly denounce people who belittle or deny human impact on the weather, despite strong scientific evidence and often because of a massive PR campaign (like the EPO's €880,000 reputation laundering campaign) from fossil fuel/coal industry moguls/magnates like the Kochs, some of those who deny the undeniable are now called global warming denialists. Likewise, in the patent lawyers' circles, we now have Alice denial. The denialists profess, as they have for about a year and a half, that nothing has changed and they bamboozle their clients accordingly, in order to protect the flow of money.

Along the lines of global warming denial, this is a new form of Alice denial (denying the impact on software patents), as just published in IAM.

"They think of what's more profitable for them (i.e. expensive for the client), not what's most economic and sensible for the client."It's not an isolated example. In another lawyers' site, the Microsoft-connected patent aggressor Finjan is mentioned by Orrick, Herrington & Sutcliffe LLP. These US-based patent lawyers only ever speak out about Alice when they can defend software patents. It's cherry-picking of data or selective coverage, much like the data which global warming denialists prefer to rely on. This new article says that "[t]his goes to show that despite the significant shift that has occurred since the Alice decision, all hope is not lost for plaintiffs asserting patents in the software space."

Tone of positivity in favour of software patents wouldn't be helpful to their clients. Then again, that's how a lot of lawyers operate (especially the ones I've had displease working with). They think of what's more profitable for them (i.e. expensive for the client), not what's most economic and sensible for the client.

"Maybe it's time for us not just to coin the term but also use the term Alice denialist, meaning one (usually a patent lawyer) who continues to deny the post-Alice reality, often lobbying to change it while misleading clients in the interim."Samsung has just been forced to pay obscene amounts of money to a super-wealthy company [1, 2] because of patents. What kind of justice is that?

Maybe it's time for us not just to coin the term but also use the term Alice denialist, meaning one (usually a patent lawyer) who continues to deny the post-Alice reality, often lobbying to change it while misleading clients in the interim. Alice denialists show a lot of the same characteristics of global warning denialists.

In other noteworthy news, the Wall Street media (Bloomberg) now writes about patent monopoly on ‘green’ energy. Here is how Bloomberg put it:

The U.S. is currently experiencing a boom in clean energy patents, but in interviews with Big Law Business, several experts expressed skepticism that this will lead to an increase in frivolous patent litigation.

On the contrary, they said clean energy patents are unlikely to wind up in the hands of patent trolls, also known by their more technical name, non-practicing entities — essentially, companies that amass patents for the purpose of filing infringement lawsuits.


Several such fake companies, trolls and parasites are backed (for profit) by Bill Gates, who at the same time invests a lot of money in fossil fuel companies which sponsor global warming denial (we covered this many times before). These patent trolls actively discourage the use of 'green' or sustainable alternatives to fossil fuel. There are some areas where patents are evidently a threat to the planet, not just to human health.

Patent maximalism can, in the long term, undermine the whole system. Patent maximalism is what happens when patent lawyers -- not scientists -- steer the system and sacrifice quality. Limiting patent scope to what's rational based on evidence is a way to protect (through reformation) this system. We object to software patents (abstract), not every kind of patents.

“Your faith is what you believe, not what you know.”

--Mark Twain

Recent Techrights' Posts

Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
 
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day