Bonum Certa Men Certa

When the Patent Litigation Business is Trying to Create Demand for Software Patents and for Disputes/Lawsuits

The profit motive poisons everything; impedes peace and calm, distorts facts and reality

The profit motive



Summary: A critical breakdown of recent articles regarding software patents, patent courts (primarily in the US), and what patent law firms are trying to tell us in order to improve sales (of their services)

PATENT systems like the USPTO and EPO make a lot of sense when granted patents are assigned/merited based on innovation and incentive to create. Several domains demonstrated need for patents and we are not disputing patents in general. Software patents, on the other hand, are neither desirable nor needed, as software developers worldwide can attest to (their work is copyrighted at zero cost and without hassle, protecting against plagiarism).



James Nurton, writing about CJEU right now, says that patent licensing deals stand even "if the patent is revoked or found not to be infringed," which is of course outright ridiculous. When and if patents are asserted and become a cashflow regardless of their (in)validity, how are people expected to respect this system? Moreover, what happens when the plaintiff or the licensor is a patent troll that produces nothing at all? What happens to the premise of "promoting innovation"? Patent trolling is, in some sense, protectionism warped into racketeering and this does nothing but create uncertainty, which in turn depresses investment and reduces innovation.

"Patent trolling is, in some sense, protectionism warped into racketeering and this does nothing but create uncertainty, which in turn depresses investment and reduces innovation."Tackling the issue of software patents, recall the Enfish case and see some of the latest articles about it [1, 2]. The latter asks, "Are 'Improvements' Key to Subject Matter Eligibility for Software Patents?" The notion of "improvement" is so vague that this question is rather meaningless. Improvement over what and in what terms? Performance? Accuracy?

Now consider also the Rapid Litigation case, which we wrote about the other day. This new article about it reminds us that the Court of Appeals for the Federal Circuit (CAFC) is a big barrier to progress. It's CAFC that brought software patents to the United States in the first place. Several new articles about the Bascom case at CAFC [1, 2] (by Andrew H. DeVoogd and Matthew A. Karambelas from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.), as well as related CAFC articles about Cuozzo case in lawyers' sites, show much of the same pattern. Patent lawyers pretty much ignore all the cases where software patents get invalidated and only emphasise the exceptions. One site even produced an article titled "Federal Circuit's Recent Primer on Patent-Eligibility" in which tips are given for tricking CAFC into acceptance of software patents in spite of Alice, just like in this new case. It was rather clear that SCOTUS does not tolerate software patents, but spin sites like IAM would have us believe that "the pendulum is swinging back". They rely on CAFC in order to discredit SCOTUS, for instance: "Here’s how’s former CAFC Chief Judge Paul Michel describes the Supreme Court’s recent impact on patent law: “Since eBay [it] has been taking authority away from the Federal Circuit. By rejecting every major decision of the CAFC – except Cuozzo and i4i – the Supreme Court has sharply rebuked the Federal Circuit and upended tests that the CAFC had instituted.” That has led, Michel insists, to a strengthening of SCOTUS’s power at the expense of the CAFC and of Congress."

"The matter of fact is, calls to abolish CAFC have only grown in recently years."What's wrong with the Supreme Court having more power than a corrupt court (with track record of misconduct) and a US Congress that's inherently corrupted because politicians there are funded by large corporations to do their bidding? "SCOTUS weighs in on Halo/Stryker," says IAM, and "The CAFC rules in Enfish v Microsoft" (a case whose outcome was virtually overturned in another case only days later), perhaps hoping to distract the readers and give the impression that CAFC will 'save' patent lawyers from Alice. The matter of fact is, calls to abolish CAFC have only grown in recently years.

Not only patent law firms but also publishers associated with patent law firms peddle the same nonsense. Now that Huawei is making enemies in the West with its bad policies and its patent aggression IAM uses the "swing" buzzword in the headline again (not the swing that in the US is a patent, a method of swinging a swing) to give false hope of litigation rebound now that it's down considerably. In the words of IAM:

Huawei has accelerated its patent assertion campaign on two fronts over the past week, launching a new complaint against T-Mobile in the United States and a further suit against Samsung in China.


"Huawei’s IP coming-of-age in full swing," IAM says, but actually, Huawei as a whole is growing (it's now one of the biggest Android OEMs) and its growing patent stockpile accompanies this growth. Don't believe IAM and all those patent law firms (like those that fund IAM) when they tell the public that software patents are fine and patent litigation has great prospects. They're just trying to invite business. It's called marketing. ⬆

Recent Techrights' Posts

Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
 
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026