Bonum Certa Men Certa

Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

The gentler equivalent of Donald Trump discrediting a US-born judge for being "Mexican"?

Justice Breyer ad hominem



Summary: A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)

TECHRIGHTS isn't too shy to mock those who mislead the public in order to attract business. They're selling snake oil.



Earlier today we found this piece from IP Watch which took the side of patent holders [sic] as if they and they alone are the ones who matter. This is rather typical and very much expected from so-called 'IP' sites. Dugie Standeford (publishing behind a paywall) tells/covers only one side of this debate -- the much smaller side. The narrative is not complete.

"Personal attacks on SCOTUS Justices (especially Justice Breyer) are again quite tactlessly thrown into the mix, with focus on the same Justice whose intelligence was attacked before (see above)."IAM, which is funded by patent law firms and even patent trolls, is once again lobbying for software patents, trolls and many others that lose in the Cuozzo decision last covered here this morning (yesterday's rant was apparently not enough for this author). Earlier today he selectively mentioned people supportive of his position (i.e. IAM's sponsors). Just remember that IAM is not a news site but a lobbying campaign dressed up as 'reporting'. It's an advocacy site for EPO management as well, so it's important to see what these guys (yes, all male) are up to.

Personal attacks on SCOTUS Justices (especially Justice Breyer) are again quite tactlessly thrown into the mix, with focus on the same Justice whose intelligence was attacked before (see above). And for what? Simply for daring to put an end to (or helping towards the end of) software patents and by extension patent trolls in the US? Watch the ad hominem parts therein. How shameful. Over at Patently-O, which is a lot more professional, two related decisions are named as "their impact could shape the business model of patents licenses as property."

Actually, patents are not property but a time-limited monopoly on an idea, a concept, and sometimes a mechanical design or chemical recipe etc. SCOTUS is not in any way challenging property rights. There's nothing physical at stake.

"Actually, patents are not property but a time-limited monopoly on an idea, a concept, and sometimes a mechanical design or chemical recipe etc."Speaking of physical things, this new post from the Docket Report indicates that €§ 101 has just eliminated another bogus patent. To quote the original: "Similarly, a lawyer’s legal assistant may provide her with messages or mail in a manner that does not interfere with her primary activity: participating in a conference call. This could be accomplished at a certain time (delivering the message between telephone calls) or in a certain location (placing the message in the corner of her desk)."

It is truly satisfying and increasingly nice to see that all those bogus patents (on old ideas implemented in software) drop like flies. With few exceptions, no doubt, software patents continue to die in the US. For the first time in over a decade (since I started getting involved in this area), patent lawyers are on the defensive and they're terrified. Their software patents bubble is bursting and they might have to downsize a bit (maybe no yacht and one Ferrari fewer). Patents on algorithms are sinking like the Titanic in the very birthplace of software patents (it has been two years since Alice at SCOTUS; many patent applications get rejected now). It's great, unless one is a patent lawyer. Having been let down by SCOTUS, lawyers and attorneys now lean on [1, 2] CAFC, the nepotists' court that gave the US software patents in the first place (several decades ago with Martin Goetz). Incidentally, Patently-O writes about the very same case (Immersion Corp. v HTC Corp., which is effectively against Android/Linux) and it's not about patentability of software patents at all; it's about timing. Not much will come out of it and they're trying to find some small victory to distract themselves from the major defeat (Cuozzo).

"As always, we remain committed to fighting software patents wherever they appear."Funnily enough, in light of the Cuozzo decision Apple advocacy sites now pretend that Apple is fighting patent trolls when in fact it is Apple that acts like a massive troll, especially when it comes to its war on Android OEMs. Here is one such Apple advocacy site reminding us of Apple's patents hoard. Another site warns that "LinkedIn’s portfolio of over 1,000 families of granted patents, though only roughly half the size of Facebook’s, is on a par with Twitter’s." The LinkedIn deal with Microsoft "has a patent profile," says the headline. These are two companies which are very hostile with software patents, especially against GNU/Linux and Free software.

As always, we remain committed to fighting software patents wherever they appear. Software developers do not want them, whereas many of the above-mentioned parasites want them, in order to claw/grab the money earned by hard-working professionals that actually produce things.

Recent Techrights' Posts

Sponsored by Linux Foundation
All the pages are full of 'Linux' Foundation ads that are not about Linux
It's Hard to Dispose or Get Rid of Swasticars Now
'Memecars' only sell as long as people have a 'belief' in them
 
Links 13/03/2025: COVID-19 Legacies and "Modern" Cars as Spying Machines on Wheels
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 12, 2025
IRC logs for Wednesday, March 12, 2025
The Fall of the Open Source Initiative (OSI): Microsoft-Sponsored OSI is Probably Not Even the Real Steward of the Open Source Definition, It's More Like an Identity Thief at This Point (Like "FSFE", a Microsoft-Sponsored Imposter of FSF)
As we'll show later, many people (even inside OSI) are very angry at the OSI right now
Gemini Links 12/03/2025: Cataloging Books, Ramen, and MElon
Links for the day
Links 12/03/2025: Anti-Union Actions and New Efforts at Truce/Ceasefire in Ukraine
Links for the day
CodeWeavers Ads Weaved by LLM Slop at BetaNews
How much of this was even touched by a human being?
Springtime Plans
We currently have two long series underway
In Australia, iOS Estimated to be Bigger Than or Equal to Windows
Not even counting macOS
Brett Wilson LLP Does Not Deny Microsoft or Another "Third Party" Secretly Funds the SLAPPs Against Techrights, Bankrolling Despicable People Who Deserve Criticism
Writing about crime is not a crime
Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025
Crossbow murders: prevention, missed opportunities
Reprinted with permission from Daniel Pocock
This yt-dlp Bug Report Shows Us That the Future of YouTube is DRM and It's Time to Leave (yt-dlp Should Also Leave Microsoft GitHub, Which Censors YouTube Downloaders)
GAFAM traps aren't "free hosting"; they herd us all into a world of tollbooths and locks, surveillance and planned obsolescence (you own nothing, you only rent)
Ukraine Didn't Take Twitter/X Down, Microsoft or Windows Likely Did
There are many debunkings (to likely false accusations), but won't that just be another example of Windows TCO, exacerbated externally in the form of Windows botnets?
The Fall of the Open Source Initiative (OSI): Worse Than What the Media Has Focused on, Losing Sight of Who Owns and Runs the OSI
Members' dues are less than 3% of the income; where does the 97+ percent come from other than Microsoft?
Apple Seems to Have Run Out of Things to Boast About After Apple Vision Pro Failed Spectacularly
With "Apple Intelligence", Apple has finally named a product after what target customers lack
Slopwatch: Reckless FUD and Machine-Generated Spam from LinuxSecurity.com, cybersecuritynews.com, and gbhackers.com (Google Boosts LLM Slop About "Linux")
Google and so-called 'Google News' continue to yield anti-Linux misinformation
Gemini Links 11/03/2025: 'Chainsaw Politicians' and Proprietary Software Hell
Links for the day
Links 11/03/2025: Covid-19 5 Years On and Violence in Syria
Links for the day
Links 11/03/2025: NASA Besieged and "DOGE Has Become What It Claimed To Destroy"
Links for the day
Fresh IBM Layoffs Reported in Europe and North America, Jobs Allegedly Moved to South Asia (Low Salaries)
As usual, IBM does not talk about this
Illuminating Injustice is Critical When Reckless Microsofters and Law Firms Try to Silence Reporters of Violence Against Women
I want to clarify that I'm well within my right (and not running afoul of any rules) by explaining what goes on here
EPO Central Staff Committee: "The Strategy of the Office Lacks Transparency and Cannot be Understood"
Microsoft and the EPO violate data protection laws
Microsoft Has Not Much Left to Show Investors, Shares Fall Almost 20%
It's not even clear how Microsoft makes money anymore
Links 11/03/2025: Spring and Misfin Server
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 10, 2025
IRC logs for Monday, March 10, 2025