Bonum Certa Men Certa

Risk of Going Bankrupt for Foolishly Asserting Software Patents After Alice

Those who play with fire (software patents) die in a fire

Fire



Summary: Raniere needs to pay $1.1 million (legal fees of the defendants) in a patent lawsuit which he himself initiated, only to find that his software patents are a worthless pile of papers

EARLIER this year we noted that Jericho Systems threatened a resurgence of software patents at a time of sunset for them (they're dropping like flies these days). "Jericho could be the next Alice," Benjamin Henrion noted, pointing at "No. 15-1502 (Eligibility of Patent No. 8,560,836 under Section 101 - Abstract Idea)" though we very much doubt it will ever reach SCOTUS as Jericho Systems might hope. In fact, this latest SCOTUS roundup from Patently-O (published earlier today) suggests there will be no more tests regarding software patents. "Three eligibility cases are pending before the Supreme Court," says the site. "Of these, the most interesting is likely Genetic Tech v. Merial." As we noted yesterday, there is also one case regarding the eligibility of design patents. Still, nothing that can refute/annul Alice or even the Bilski case. What does it all mean? Well, expect a lot more software patents, once properly challenged, to die in a fire.



Another death has just been reported for several software patents, demonstrating that holders of such patents oughtn't bother with software patents (neither application nor litigation). It's not just a waste of money but it can cause tremendous financial damage to oneself, as this latest story illustrates. Raniere basically sued two large companies and now he needs to pay them a fortune (over a million bucks for an individual, putting aside his own legal bills). In other words, rather than them being the victims it is him who is the victim of his own reckless actions. It's him who will pay the price for suing with software patents that are not even patent-eligible. This story has been covered by WIPR (behind a time-sensitive paywall). Yesterday it said that "Microsoft and telecoms company AT&T have been granted more than $1.1 million in attorneys’ fees after succeeding in a patent suit against an inventor. Keith Raniere had claimed that the companies had infringed his software patents in February last year. The patents concerned were US numbers 6,373,936; 6,819,752; 7,215,752; 7,391,856; and 7,844,041. The order was filed at the US District Court for the Northern District of Texas, Dallas Division, on September 2."

This case shows that holders of software patents can be (self-)bankrupted if they choose to sue using software patents post-Alice. Also behind paywalls today we found this report from Law 360. It says that "A Texas judge Friday granted Microsoft Corp. and AT&T Inc. attorneys' fees after the companies defeated an inventor's suit claiming infringement of his software patents, saying the man’s litigation conduct “demonstrates a pattern of obfuscation and bad faith.”

"Keith Raniere filed suit against AT&T and Microsoft in February 2015, asserting the technology giants infringed upon five patents that he owned for technology covering network conferencing systems. (Credit: AP) In her 13-page ruling, U.S. District Judge Barbara M.G. Lynn determined the cases filed by plaintiff Keith Raniere..."

This happened in Texas, so it is a major warning sign to a lot of patent trolls. "Hopefully many more judgements like this to come," an activist against software patents told me yesterday. Another person, one who is making excuses for the rocket docket of patent trolls (Texas), said "it depends on who owns the #swpats - if owned by corporate entity better chance they will survive & flourish - #patentdeform" (always brandishing the hashtag "#patentdeform" as if cracking down on patent troll is a horrible things).

So, as expected, a major win for opponents of software patents and more excuses from their proponents, like Daniel Henry in this case (his Twitter activity suggests he's likely part of the patent litigation industry).

Not many sites have written about this case (at least not yet*) and software patent propagandists like IAM are just shedding tears for parasites that elevate the price of phones without actually making any (patent assertion firms). Well, next week they're running a Webinar titled "Readying a Patent Portfolio for Sale: What You Need to Know to Be Successful" (often sold to trolls or patent assertion firms) and yesterday they noted that the "Beijing-based patent buying fund Ruichuan – the closest thing that China looked to have to an SPF – has recently gone private, after Zhigu, the firm that managed it, was absorbed into the IP department at consumer tech company Xiaomi." SPF is a Sovereign Patent Fund and it typically achieves little more than enrichment of parasitic elements like patent lawyers -- the same sort of people who bemoan the demise of software patents. ⬆ ____ * They typically keep intentionally quiet when there's bad news for them, instead cheering and shouting for weeks if not months when there's good news for them (like Enfish). That's the propaganda pattern of deception by omission or selective coverage.

Recent Techrights' Posts

Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
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
 
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?
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
“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
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day