Bonum Certa Men Certa

The Pack of Hyenas Promotes Software Patents in the US by Shaming and Mocking Those Doing Their Job Post-Alice

IP Watchdog is turning into a blatant attack dog of patent law firms

An attack dog



Summary: The latest new developments in the software patents landscape, including some of the latest vicious attacks on the Patent Trial and Appeal Board, which invalidates software patents at a rather high pace

IT CAN be truly sickening to see what goes on in the US amid the demise/end of software patents. As we noted the other day, the patent law firms fight back and they fight back dirty. Left unchallenged, they will have a lot of leeway and possibly discourage participation by those who merely apply the law. They're bullies with 'class'.



"Left unchallenged, they will have a lot of leeway and possibly discourage participation by those who merely apply the law."Litigation and blackmail has a new euphemism, "Monetization", over at patent law firms' news sites. To them, it's all about the money, never mind innovation, justice and so on.

After Alice, which put an end to many software patents, the monetisers come up with articles like "How to Overcome Rejections Based on the Alice Decision". Litigation and prosecution, moreover, are described in terms from consumerism, e.g. “Repeated Clients”. What on Earth? Have they no tact. They pretty much show what they stand for and it's nothing but money in this case. Watch this new example of marketing ("Patent Services USA Offers Inventors Who Conducted Invention Research Elsewhere with Investment Protection Up to $1,200"). Again, all about money...

"What ever happened to the promise of innovation and protecting the "little guy" (or gal, or inventor)?"What ever happened to the promise of innovation and protecting the "little guy" (or gal, or inventor)? Well, that's all just pillow talk now. The system has been taken over by other interests.

Google wants to control your car along with the State (whatever the state may be) and files/pursues a patent on that. So much for innovation, eh? Big Brother must be very pleased.

"Watchtroll has got an agenda and it's not even hiding it."Well, continuing their attacks on PTAB/AIA, as expected and noted here the other day, Watchtroll and chums now pick on Google in the article "How the America Invents Act Harmed Inventors" (yet another PTAB/AIA attack piece, one among many recently). One Twitter account linking to this said: "How the America Invents Act Harmed Inventors - OR, How Google et al Stole Thousands of Inventions." (Google is mentioned thrice in this article)

Watchtroll has got an agenda and it's not even hiding it. More than 90% of (tested in courts/boards) software patents on this area (payments) are dead/dying, but Watchtroll is cherry-picking to make it seem otherwise. Another new Watchtroll piece is an attack on PTAB, as usual. Watchtroll is attacking PTAB almost every day now, for PTAB is invalidating software patents in lieu with Alice. In other words, it's just doing its job and applying (or carrying) justice. How dare these people uphold the law? Resorting to insults like "Impotence", Watchtroll and chums have already turned the site into some kind of attack site (nonstop attacks on PTAB for invalidating software patents in the US, as can be seen almost every day these days over at Watchtroll). Here is another new example, this one from yesterday. If anyone deems Watchtroll (IP Watchdog) a legitimate source of information, now is a good time to reassess and reconsider.

"The title of this new article is "The CAFC finally issues the Planet Blue decision and it's good news for US software patent owners," but it could also be typed as "The CAFC finally issues the Planet Blue decision and it's bad news for US software developers" (because software developers generally loathe software patents)."According to the EPO's mouthpiece, which is also a longtime proponent of software patents (blatantly so): "The Court of Appeals for the Federal Circuit has issued its long-awaited decision in the McRO Inc., DBA Planet Blue v Bandai Namco Games America et al case. This involved two patents relating to lip synchronisation which had been ruled invalid on Section 101 grounds by the Central California district court months after the Supreme Court handed down its controversial Alice decison in June 2014. Owners of software patents in the US were hopuing that the CAFC would use this case to provide more clarity on the thorny subject of eligibility, and it looks like that has happened."

The title of this new article is "The CAFC finally issues the Planet Blue decision and it's good news for US software patent owners," but it could also be typed as "The CAFC finally issues the Planet Blue decision and it's bad news for US software developers" (because software developers generally loathe software patents).

Writing in another Web site, here we have another sort of attack on AIA and PTAB (behind paywall). The summary says: "An interview with McDermott Will & Emery partner Bernard Knight Jr., who served as the U.S. Patent and Trademark Office’s general counsel from 2010 to 2013 as the America Invents Act went into effect."

"They mostly write about PTAB and complain (rudely or politely, depending on their style) about it for trashing software patents (their lifeline which taxes software developers and users)."Yes, because a USPTO insider would be truly objective about Congress enforcing/imposing restrictions on the USPTO? Another lawyers' site has just written about Inter Partes Reviews (IPRs) at PTAB. It's quite clear that patent law firms in the US are freaking out. They mostly write about PTAB and complain (rudely or politely, depending on their style) about it for trashing software patents (their lifeline which taxes software developers and users).

In other news, design patents (sort of like software patents) are being advocated by patent maximalists at Watchtroll, i.e. those who profit from them no matter who loses and who wins. Apple patents so-called solutions to problems that aren't real, unless Utopia for humanity means making phonecalls inside the shower. It also patents non-original designs and then drags companies in the courtrooms over it. Samsung was wealthy enough to insist on appeals and this will soon reach the US Supreme Court. Florian Müller has the latest on that. Earlier today he wrote a long post and concluded: "If the Supreme Court (or Judge Koh on remand) finds that Apple failed to identify the relevant "article of manufacture," then there won't have to be another jury trial--and the clear message to the rest of the world would be that rationality has been restored with respect to design patent damages, period."

Recent Techrights' Posts

IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day