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

SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
 
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026
Microsoft Will "DOOM" id Software and Others, Claim Observers
As the worst predictions trickle in and out Microsoft loses control of the narrative
Austria Shows Rapid Demise of Windows in the EU
Expect many Microsoft layoffs soon, and not just in XBox/gaming
Links 16/06/2026: Mainstream Media Affirms Microsoft Studio Closures Planned, Anthropic’s Latest Marketing Hype Debunked by Experts
Links for the day
This Morning The Register MS Published Page With "AI" 42 Times in It. It Was Paid SPAM.
The Register MS is propping up a pyramid scheme
Microsoft XBox is Having Its 1990s Apple Moment (Near Bankruptcy), Says Respected Insider
Microsoft's CEO has already admitted that XBox is having serious financial problems [...] They already try to reuse the brand "XBox" to refer to Vista 11
OECD Carries Water for Microsoft, Targets Schools and Children With Slop Agenda
Peel off a layer or two to find GAFAM
Microsoft "Xbox braces for sweeping studio closures before June 30."
Microsoft's control of the damage-limiting narrative has clearly slipped
In Africa's Largest Nation Windows Has Fallen From 100% to a Lot Less, Now All-Time Lows
Let's see what happens or will happen in Algeria in 2027
Richard Stallman's Talk Due in One Hour, Here's What People Say
To Stallman, what matters is control by users and collective control
SLAPP Censorship - Part 108 Out of 200: Moving On and Moving Up
an explanation of our rich history and commitment to courageous whistleblowers
Links 16/06/2026: UK to Restrict Access to Social Control Media; The FCC Wants to Eliminate Burner Phones
Links for the day
Why We Call Him Dr. Stallman
He got at least 15 such titles
United States of America: GNU/Linux Hovering Around 5% (It Started There)
GNU/Linux is turning 43 this year (in a few months), Linux will turn 35
Microsoft Promises Made to be Broken
It's a real problem and it is not limited to XBox
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026