06.06.16

Gemini version available ♊︎

Media Sites Still Filled to the Rim With Pro-Software Patents Propaganda (Lies by Omission)

Posted in America, Deception, Patents at 4:36 am by Dr. Roy Schestowitz

Selective media coverage as a biasing strategy

India Nepal cartoon

Summary: Sites of patent lawyers continue to tell only a fraction of the whole story, focusing on one single old case involving Microsoft (which supports software patents) rather than the full picture (Alice and PTAB crushing software patents in the United States)

PATENTS on software are worse than inessential. They’re extremely harmful, especially but not only to software developers (irrespective of the type of software and whether it’s proprietary or not). They are being promoted for (self) gain by billionaires and patent lawyers, as we noted in our previous post. So why are we still hearing software patents advocacy? Well, for one thing, patent lawyers have a grip on the media. They even have their own media sites and these often look like news sites (basically marketing/sales disguised as analysis or reporting). This post presents some of the latest propaganda on these matters.

According to this recent post from a patent lawyers’ site: “A court was easily able to analogize claims of two patents directed to electronic messaging to manual communications processes; the court consequently granted a motion for summary judgment of invalidity under 35 U.S.C. § 101. Mobile Telecommunications Technologies LLC v. Blackberry Corp., No. 3:12-cv-1652-M (N.D. Texas May 12, 2016).”

“They’re extremely harmful, especially but not only to software developers (irrespective of the type of software and whether it’s proprietary or not).”Notice the “invalidity under 35 U.S.C. § 101″ part. We’re seeing lots of that today, but patent lawyers would rather de-emphasise or ignore such things. “US Pat 8,545,575,” wrote Patent Buddy the other day. “This is the patent a UT Judge held invalid under 101/Alice” (the SCOTUS ruling on Alice in 2014).

There’s more of that, e.g. Patent Buddy’s “Portable Data Storage Device Patent Unpatentable Under 35 U.S.C. § 101″ (same grounds).

The cited decision is described as follows: “In a final written decision, the Board found claims of a patent directed to a portable data storage device unpatentable under 35 U.S.C. § 101.”

And from the decision: “The underlying concept of claims 13 and 14, particularly when viewed in light of the ’720 patent specification, is conditioning and controlling access to content based upon payment. This is a fundamental economic practice long in existence in commerce. We are, thus, persuaded, based on the ’720 patent specification and the claim language, that each of claims 13 and 14 is directed to an abstract idea.”

“They even have their own media sites and these often look like news sites (basically marketing/sales disguised as analysis or reporting).”Looking at the site best known for software patents advocacy, they now have an article titled “Avoiding Alice Rejections with Predictive Analytics” (trying to find loopholes around the law). “Having affirmed the claim construction,” says another such site, “the Federal Circuit likewise affirmed summary judgment of noninfringement, adding that disclaimer applied to both literal infringement and to infringement under the doctrine of equivalents.”

This is actually about CAFC, not SCOTUS. CAFC is responsible for bringing software patents to the United States in the first place.

3 days ago Ping Hu and Michael McNamara of Mintz Levin tried hard to cherry-pick cases to bring back software patents, in spite of SCOTUS. Their ‘article’ was titled “A New Hope for Software Patents?” It looks like an analysis, but it’s shameless self-promotion, as usual. Mintz Levin wasn’t alone here. Patent lawyers are so desperate to spread one single case (Enfish v Microsoft) to the appeals folks in order to save software patents. See “The PTAB Applies Enfish” (the case everyone leans on for legitimisation of software patents). It says: “However, relying on the recent Enfish decision, the PTAB found that the claimed method did not recite an abstract idea. Id. at 15. In so finding the PTAB faulted Petitioner’s argument for failing to analyze the claims as a whole. Id. at 15. The PTAB went on to analyze the claimed method under the second step of the Alice test and found that it too was not met. Id. at 16. The PTAB found that, like the claims in DDR Holdings, the challenged claims are necessarily rooted in computer technology. Id. at 17.”

“CAFC is responsible for bringing software patents to the United States in the first place.”PTAB is not stupid (or corruptible or greedy like the USPTO), so almost every software patent that comes there will end up dead. The blog post “Corelogic, Inc. v. Boundary Solutions, Inc. (PTAB 2016)” says: “On May 24, 2016, the U.S. Patent Office Patent Trial and Appeal Board (PTAB) issued a decision denying institution of covered business method (CBM) patent review of U.S. Patent No. 7,092,957 owned by Boundary Solutions.”

That’s more of the same, obviously. Even Apple is now running to the PTAB, having found itself on the receiving end of abuses it's now so renowned for. To quote IAM: “Shortly after Smartflash won a $533 million infringement decision against Apple early last year this blog pointed out that the NPE [troll] was still unlikely to ultimately receive such a big payout. For one thing the Court of Appeals for the Federal Circuit (CAFC) has shown its predilection for over-ruling big district court awards, particularly from the Eastern District of Texas and particularly damages awarded to NPEs.”

What’s noteworthy here is that Apple, which uses software patents against Android (and by extension Linux) suddenly does not like them (because they’re used against Apple) and resorts/retreats to PTAB for reprieve. How pathetic is this? Double standards all over this…

“What’s noteworthy here is that Apple, which uses software patents against Android (and by extension Linux) suddenly does not like them (because they’re used against Apple) and resorts/retreats to PTAB for reprieve.”Regarding PTAB, also see MCM v HP Briefs. To quote Patently-O: “MCM-Petition-and-Appendix: (1) Whether inter partes review (IPR) violates Article III of the Constitution; and (2) whether IPR violates the Seventh Amendment to the Constitution. Response Due June 30, 2016.”

The inter partes reviews are carried out by PTAB, which we need a lot more of (the EPO equivalent, E/BoA, is being crushed by Battistelli these days).

Going back to Enfish v Microsoft, 3 weeks later patent lawyers still try to prop up this one single pro-software patents ruling. CoffyLaw published this promotional piece and Bastian Best is cherry-picking cases again, citing Michael Best who latches onto CAFC. Fish & Richardson PC, which we mentioned here many times before, also joins the opportunists with a so-called ‘analysis’ or comparison between Enfish and TLI (a case which soon after Enfish crushed software patents at the same court). Meanwhile, a Microsoft-connected patent lawyers firm (Shook Hardy and Bacon LLP) is trying to expand patent scope with a so-called ‘analysis’. The common thing (or theme) here is that they only pay attention to what suits their agenda. It’s not analysis, it’s propaganda.

“The common thing (or theme) here is that they only pay attention to what suits their agenda. It’s not analysis, it’s propaganda.”Owing to patent lawyers’ hype and media saturation, Enfish v Microsoft is now widely known only for reinforcing software patents in the US. “Enfish Could Not Save Patents Asserted Against Nvidia,” Patent Buddy wrote, citing this PDF. So obviously there’s not much impact to Enfish v Microsoft after all.

Why does the media keep covering it like it’s a groundbreaking decision? Here is the corporate media mentioning it almost a month later, stating: “The court wrote in Enfish, LLC v. Microsoft Corp that any “improvement to computer functionality itself” overcomes the abstract idea exception to patent eligibility that holds that what is abstract can’t be patented.” Yes, but how many similar cases were decided/ruled against software patents? Why are these being ignored? Selective attention? Or just propaganda dressed up as ‘reporting’? These are rhetorical questions really.

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. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  2. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  3. Links 6/12/2021: HowTos and Patents

    Links for the day



  4. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  5. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  6. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    Links for the day



  7. Links 5/12/2021: Touchpad Gestures in XWayland

    Links for the day



  8. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large



  9. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  10. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  11. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  12. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  13. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  14. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  15. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  16. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  17. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  18. Links 4/12/2021: Gedit Plans and More

    Links for the day



  19. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  20. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  21. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  22. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  23. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  24. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  25. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  26. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  27. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  28. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  29. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  30. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue


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