Bonum Certa Men Certa

CAFC Rules Against Software Patents But Witness With Horror the Silence From Patent Lawyers (Bias by Omission)

Only an article or two about the decision against software patents and two dozen or so about a decision in their favour

Status quo bias
Reference: Status quo bias



Summary: In an effort to protect software patents in the United States, where these patents came from in the first place (and continue to spread from), patent lawyers pretend not to see cases where software patents get invalidated and instead focus on the rare exception

The Supreme Court ruled against software patents two years ago. Things have changed thoroughly since then. Right now patent lawyers hope that another software patent/s case will reach the Supreme Court, which can potentially change course and reset the record (precedence).



"It doesn't seem as though anything that can change Alice is on the horizon."Patent maximalists (lawyers) watch closely as the Supreme Court picks up cases. To quote Professor Dennis Crouch's overview (he keeps updated this kind of SCOTUS zeitgeist): "It is now time to begin looking for an opinion in the Halo/Stryker regarding whether the Federal Circuit’s test for willful infringement is too rigid. Those cases were argued in February 2016. We can also expect a decision in Cuozzo prior to the end June 2016."

It doesn't seem as though anything that can change Alice is on the horizon. This is good news. The Cuozzo case we have already mentioned here earlier this month and last month. It's not going to change takeaways from Alice.

"They would rather ignore or hide it from the public/judges/clients."According to this new post, Enfish v Microsoft [1, 2] is already forgotten as CAFC rules against software patent, quite frankly as usual. It's only when it rules for software patents that there is typically a media frenzy, initiated by self-serving patent lawyers. To quote IP Kat: "The patentability of computer-implemented inventions has been in doubt in the United States since the U.S. Supreme Court decision Alice Corp. v. CLS Bank. However, the recent Enfish v. Microsoft case provided some hope to those who favor patentability of computer-implemented inventions. The Federal Circuit has issued another patent eligibility decision, TLI Communications v. AV Automotive, et al. Notably, both Enfish and TLI Communications are authored by Judge Hughes--and reach opposite results, but on different facts."

We actually found out about this two days ago. Patent Buddy showed that CAFC got back to killing software patents when he wrote: "(1/2)The '295 patent killed by the CAFC today w/101 has a priority date of 1996. Its a pioneer patent."

Are they already fixing the Enfish v Microsoft error? After less than a week? As Patent Buddy put it: "Federal Circuit Held Image Manipulation Claims Ineligible under 101/Alice Today: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1372.Opinion.5-12-2016.1.PDF"

"Such is the nature of media that is dominated by patent lawyers and their interest groups..."Will patent lawyers quiet down now that this decision is out? Or maybe not mention this newer decision at all? Were the celebrations short lived? So far we have found just one article about this decision (and we watch these things very closely). At the same time, in spite of this newer decision (against software patents), patent lawyers are evidently desperate enough to latch onto the older decision. They just wish to make software patents stay in the US. See for example what Michael D. Van Loy and Howard Wisnia from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. have just published. Stinson Leonard Street LLP, likewise, cherry-picks the pro-software patents decisions, as usual. Gerard M. Donovan, Richard A. Graham, Amardeep (Sonny) Grewal and Marc S. Kaufman say that "Federal Circuit's Enfish Is An Important 101 Decision" because it serves their agenda and it's only a case like this which they are likely to cite in the future, not TLI Communications v. AV Automotive, et al.

MIP rightly called Enfish v Microsoft as it should. A "rare boost" is the way it got dubbed and MIP added: "The Federal Circuit has found software patents valid under Alice for only the second time, in Enfish v Microsoft."

Compare that to the many times CAFC ruled against software patents, including the latest decision. Where were software patents lobbyists/proponents/boosters when these decisions happened? They would rather ignore or hide it from the public/judges/clients. Such is the nature of media that is dominated by patent lawyers and their interest groups...

Recent Techrights' Posts

SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day