Bonum Certa Men Certa

Court of Appeals for the Federal Circuit (Originator of Software Patents) Still the Number One Barrier to Progress and Justice

CAFC corruption



Summary: New Court of Appeals for the Federal Circuit (CAFC) cases/rulings and what the latest developments serve to teach us about CAFC

THE activity of patent litigation is a function of misunderstanding, disagreement, and inability to settle. It is not, however, to be mistaken or conflated with patent activities (cross-licensing for instance). Patent maximalists, especially those who profit from actual litigation (patent lawyers, not necessarily attorneys), conveniently mix the two. It is worth remembering that poor judgment or low-quality patent examination would more likely lead to patent disputes. This is one of several reasons we're highly concerned about the EPO these days. Looking at the far east, there too litigation activity seems to be on the rise; this week alone Huawei decided to sue with patents [via] once again (China is a growing platform for such litigious activity and hostile atmosphere it entails) and in Korea patent cases boil over to the US courts. Patents were originally introduced not to occupy thousands of courts but for preservation/publication, attribution, and dissemination of knowledge (with accompanying fees or temporary prohibition on imitations). Nowadays, judging by these very recent articles about patents on life [1, 2, 3, 4, 5, 6, 7, 8], patents are made to control who lives and who dies, or who 'owns' parts of everyone's body. This is not OK and it directly relates to software patents if the said patent is looked upon closely. Now there's also the Rapid Litig. v CellzDirect case [1, 2], patents on exported goods, and other such CAFC cases like Bascom, which relates to software patents. As The National Law Review put it yesterday, "Focusing on Second Step of Alice, Federal Circuit Finds Inventive Concept in Software Patent in BASCOM" (there is more coverage here).



How far can this madness go and when will it be globally realised that software patents never made sense to begin with (it was CAFC that brought these into existence). Matt Levy, writing for Patent Progress yesterday, scoffed at "Bad software patents" when he wrote the article "CAFC Says Configuring an Option per User is Patent-Eligible" (it oughtn't be). To quote Levy's explanation of the case and the patent:

Bad software patents apparently still have a few protectors on the Federal Circuit: in its recent decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, a Federal Circuit panel said that a patent for configuring a content filtering option per network user is patent eligible. After making a lot of progress in the wake of Alice Corp. v. CLS Bank, this is a big step backwards.

[...]

This is patent lawyer language, of course, but it’s not too complicated. Basically, there are a few ways of filtering out objectionable websites; this system forces all network requests through a single server which filters out the objectionable websites. Each user has a filtering method(s) associated with her account, and the server uses the associated method(s) for the user making the request. That is the claim. There are no new filtering methods, no implementation details, nothing more specific than what I’ve just described.

Under Alice, it seems pretty clear to me that this shouldn’t be patent eligible. The abstract idea is something like “filtering content through a single access point where the method of filtering content is configured for each user.”


"The Federal Circuit has ruled that the claims of a patent for liver cell treatment were not directed to a patent-ineligible concept, in a decision that provides guidance on how life science innovations can satisfy the Mayo test," MIP wrote, demonstrating that CAFC not only challenges Alice but also the Mayo test (both at SCOTUS, the US Supreme Court). CAFC also "saves 10k patents by reversing district court decision in Immersion Corp v HTC," according to this new patent lawyers' analysis of Immersion Corp v HTC, serving to reinforce the view that CAFC is somewhat of a rogue court which all along was in the pockets of patent lawyers, disinterested in justice itself.

Recent Techrights' Posts

SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
 
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy