Bonum Certa Men Certa

Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

Ignoring the facts and insulting Supreme Court Justices instead

Bilski Blog chart
Credit: Bilski Blog chart



Summary: A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers

THE situation in the United States gives much hope for those looking to abolish software patents. The USPTO begrudgingly adopts Alice and makes it harder to attain software patents, irrespective of what the court (or PTAB) says about them. But make no mistake, the proponents of software patents fight hard to change this, using lobbying (misleading the decision makers), propaganda (misleading the public), and false marketing (bamboozling clients with false hopes).



Curiously enough, recently we learned that software patents and their injustice gave birth to the original Pirate Party (in Sweden). To quote Benjamin Henrion, "Pirate Party founder Falkvinge mentions software patents fight in 2005/2006 as one of the reason for starting" (that was around the time of the famous directive on software patents in Europe, after Falkvinge had worked for Microsoft and Microsoft had lobbied hard for software patents in Europe -- a subject that Florian Müller wrote an entire book about).

"But make no mistake, the proponents of software patents fight hard to change this, using lobbying (misleading the decision makers), propaganda (misleading the public), and false marketing (bamboozling clients with false hopes)."To this date, proponents of software patents, notably large corporations and their patent lawyers, work hard to promote and cement a broken system. "A New Hope For Software Patents?" is the title of this new analysis, reusing even words after more than a month with many dozens of so-called 'analyses' (marketing for one's services around software patents). Gordon & Rees LLP has just published "Is the Enfish Case “A New Hope” For Software Patents?"

Notice the question mark. They know the answer, but they create uncertainty in the hope of attracting customers. Isn't it time to say "enough with this propaganda," as not much has changed since the decision except the flood of pro-software patents 'analyses' from patent lawyers? We wrote many detailed articles to highlight this wave of misinformation.

"To this date, proponents of software patents, notably large corporations and their patent lawyers, work hard to promote and cement a broken system.""Enfish for Alice: a software win", says another so-called 'analysis' [via Bastian Best], as if patent trolls winning is “a software win”...

"Good news for software patents," says the author. "The negative impact of the 2014 SCOTUS (Supreme Court of the US) “Alice” decision (invalidating some business method and financial software patents) has been somewhat mitigated by the recent “Enfish” court decision."

No, not really. Barely. Nothing at all or not much has changed more than a month afterwards. In fact, how many other cases have been ruled in favour of software patents since? Anyone can count those on one hand if not zero hands. According to some number-crunching work from Bilski Blog (very informative blog by the way) and those who comment on it, "The Supreme Court Did Not Consider Alice v CLS Bank to Be a Software Patent Killer But the Dist. Cts and PTAB Do" (not CAFC).

"It's increasingly amusing to see how patent lawyers squirm over Alice, simply not accepting that software patents should never have been possible in the first place."That's rather misleading an interpretation regarding the above as SCOTUS (the Supreme Court) did not express an opinion on software patents explicitly, so overall it's a rather misguided/misleading claim to make. What the cited analysis shows is that the vast majority of patent cases involving software are unfavourable to software patents, much to the panic and horror of people like Patent WatchTroll (Gene), who is now trying to reach new lows, probably in grave frustration. Watch his latest effort to shame the Justices into approving software patents. "It is truly ironic," he said, "even downright funny, how the Supreme Court can so clearly see that the Federal Circuit is not being true to the simple, easy to understand, straightforward terms of a statute but at the same time lack the capacity to similarly see that they are themselves doing the very same thing. If intellectual honesty means anything the Supreme Court would hold themselves to the same standard and stop applying judicial exceptions to patent eligibility that enjoy no textual support in the statute. I’m not going to hold my breath."

Gene, being the software patents cheerleader he has always been (for his own profit), is mocking the intelligence of people who don't agree with him (Gene already blocked me in Twitter, having lost the argument, perhaps fearing further debating), even when they're Justices at the Supreme Court! It's increasingly amusing to see how patent lawyers squirm over Alice, simply not accepting that software patents should never have been possible in the first place. Our next post will show some more pearls of 'wisdom' from Gene...

Recent Techrights' Posts

Televisions Have Become Billboards
Bottom line: you get what you pay for
 
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day