Bonum Certa Men Certa

Continued Erosion of Software Patents in the US and With It a Demise in Abusive Litigation by Patent Trolls

~90% of technology patent lawsuits are said to involve patent trolls

Summary: Encouraging signs of patent scope tightening/improvement at the US patent system, bolstered by inter partes reviews which crowdsource (or crowdfund) so as to defang serial abusers that rely on dubious software patents

Unified Patents, which showed that patent trolls with their software patents dominate the scene, took unprecedented action several days ago, aided by PTAB's inter partes reviews. This is delightful progress and a move in the right direction.



PTAB, especially post-Alice, is one of the best things to happen to the USPTO in recent history. The combination of these two things 2 years ago presently facilitates the systematic crushing of software patents in the US, whether or not these patents are being asserted in a court of law. Patently-O has this new article titled "Inter Partes Review Statistics" and it says upfront: "This post summarizes data on inter partes review proceedings and appeals from the Patent Office. Although the office publishes a monthly Patent Trial and Appeal Board Statistics packet, the narratives contained within that packet can create confusion as discussed in Michael Sander’s guest post earlier this year. Below are some of the charts that I’ve developed based on the publicly available information to attempt to get a better handle on what’s going on in terms of case flow and outcome."

This is a very detailed post and a helpful one, too. Patently-O is quite a decent source of scholarly information on the state of affairs in the US and nowadays it is quite neutral/impartial on most data.

In various Web sites earlier this week we have begun seeing positive coverage of Unified Patents and its good fight. BoingBoing, for example, said that "Unified Patents raises money from companies that are the target of patent-trolling and then uses it to challenge the most widely used patents in each of its members' sectors: now it's going for the gold.

"Unified is challenging three patents at once: Shipping & Transit's patent on bus-tracking (the basis of 500+ lawsuits, most against cities' transit authorities); Uniloc's patent on DRM; and Sportbrain Holdings' patent on wearable health monitors."

Uniloc is a particularly nasty patent troll, which basically denies being a troll and uses rather dubious software patents to make money out of nothing. Michael Loney, writing for MIP from New York, wrote:

Unified Patents has filed inter partes review (IPR) petitions at the Patent Trial and Appeal Board (PTAB) to challenge patents asserted by this year’s three most prolific patent litigants. The challenges to Shipping and Transit, Sportbrain Holdings, and Uniloc USA are part of Unified’s efforts to protect its members in technology areas from non-practicing entities (NPEs).

These three NPEs have sued more than 200 companies combined in 2016, accounting for almost 15% of patent cases filed against high-tech companies.

"Unified is the only company that refuses to pay off NPEs, instead disrupting and deterring them by challenging poor-quality patents," Unified said in a blog post.


In a separate new article, Loney looked at recent litigation statistics, whereas at IAM there was only reminiscing of "the busiest month of patent litigation on record" (more to do with a filing cutoff/deadline). As even IAM admits: "Last November saw a huge spike in new patent case filings... 570 of those 847 have been terminated" (and more will probably be terminated soon). "Overall, though," IAM notes, "what the November stats may tell us is that plaintiffs were looking for predictability. No one knew back then (and probably few know fully now) how the new regime was going to work. By getting in by the 30th November plaintiffs were making sure that they would be operating within a regime that they understood."

That was the end of an era. No longer can patent trolls enjoy the same trolls-friendly platform which is tolerant and full of software patents. A new article by Daniel Nazer from the EFF (copied to TechDirt) speaks of one such software patent and explains it as follows:

Another month, another terrible patent being asserted in the Eastern District of Texas. Solocron Education LLC, a company whose entire "education" business is filing lawsuits, owns U.S. Patent No. 6,263,439, titled "Verification system for non-traditional learning operations." What kind of "verification system" does Solocron claim to have invented? Passwords.

The patent describes a mundane process for providing education materials through video cassettes, DVDs, or online. Students are sent course materials, take tests, and, if they pass the tests, are allowed to continue on to the next part of the course. At various times, students confirm their identity by entering their biographical details and passwords.

Solocron did not invent distance education, encryption, or passwords. The patent doesn't describe any new technology, it just applies existing technology in a routine way to education materials. That should not be enough to get a patent. Unfortunately, the Patent Office does not do enough to prevent obvious patents from issuing, which is how we get patents on white-background photography or on filming a Yoga class.


Such patents are no longer likely to withstand the scrutiny of a court other than perhaps in the Eastern District of Texas, which markets itself as trolls-friendly. Another case of software patents in their full ‘glory’ can be seen here, as "AGIS claims all require a “symbol generator” to track mobile phone user location" (sounds like surveillance patents with artistic terminology designed to mislead examiners/judges*) and according to this patent attorney, we can expect more of the same. "According to the S.Ct.," he wrote, "this Alice Bank patent claims abstract subject matter: US5970479" (the title of this patent is "Methods and apparatus relating to the formulation and trading of risk management contracts").

We're at the cusp of change right now because litigation numbers (on the decline) serve to indicate reduced certainty about the potency of software patents in the US, especially at the court which got them all started, the Federal Circuit. ____ * As Professor Dennis Crouch notes: "On appeal, the Federal Circuit affirmed the indefiniteness finding under its strict means-plus-function approach. The appellate panel first held that the “symbol generator” element should properly be interpreted under 35 U.S.C. 112 €¶ 6 as claiming a means for performing a specified function without reciting (in the claims) the supporting structure. Under 112 €¶ 6, means-plus-function claim elements are However, the statute requires that MPF claim elements be tightly construed to cover only “the corresponding structure . . . described in the specification and equivalents thereof.” Further, the Federal Circuit has repeatedly held that MPF claim elements that are not supported by corresponding structure within the specification are indefinite and thus invalid."

Recent Techrights' Posts

European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
 
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026