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

When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
 
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026