Bonum Certa Men Certa

Hijacking the Dialogue: How Patent Law Firms Distort the Record on Software Patents in the United States

Historical revisionism Reference: Historical revisionism



Summary: Rebuttal to some recent articles from sites of (and for) the patent microcosm, or the meta-industry which wants more and more patents (hence more and more litigation)

PATENTS are a two-edged sword and for patent lawyers it means double-dipping. They profit both from the plaintiff and the defendant, or the aggressor and the victim. When people speak of the benefits of patents they often neglect to mention the harms; only one group benefits irrespective of the outcome.



"When people speak of the benefits of patents they often neglect to mention the harms; only one group benefits irrespective of the outcome."The US, at a national level, wanted so badly to use patents against China and now China is schooling them using their own weapon. As the trolls' voice (IAM) puts it, "[f]or US patent owners, a key element of their China strategies could be about to get much harder" (I have also heard this personally from an old friend who pursued or at least explored the option as recently as months ago).

The patent strategy of the US is clearly not working. The US is killing its very own businesses -- especially small (or local) businesses -- and only a growing meta-industry benefits. Watchtroll, part of this meta-industry, is now attacking another politician who does not agree with him and his grubby, money-grabbing hands. We don't want to entertain IAM or Watchtroll too much (they are the opposition's voice), but we are hardly surprised by these posts of theirs that border on personal attacks, lobbying disguised as news, and shameless self promotion.

"As one can expect, patent law firms ignore all the decisions they don't like, then amplify rare exceptions."Speaking of shameless self promotion, in these times when it's widely agreed that software patents have become a waste of time and money (after Alice in particular) law firms like Knobbe Martens Olson & Bear LLP don't want us to know the facts and instead cherry-pick cases to construct a flawed narrative. Hunter Freeman and Seann Patrick Lahey from McNair Law Firm give tips for overcoming a de facto BAN on software patents. Imagine if they gave such tips in areas of criminal law, immigration, etc. (like ways to avoid prosecution for rape/murder). It's surreal, yet it has become so banal. This banality is now so prevalent that we must not simply ignore it. Here is Morgan Lewis & Bockius LLP cherry-picking PTAB/CAFC cases. As one can expect, patent law firms ignore all the decisions they don't like, then amplify rare exceptions. Why? To mislead prospective/existing clients. They fight an information war.

"Having been awarded a software patent in 2016 is no small achievement," says this new press release as if software patents are likely to survive courts like the Court of Appeals for the Federal Circuit (CAFC).

In the "PTAB Litigation Blog", a blog run by a self-serving firm rather than unbiased observers, more of the expected bias can be found this past week. "The PTAB Currently Places The Burden Of Proof For Claim Amendments On The Patent Owner," it says (as should be, rightly so). Is there a problem with that?

"It's typically a sign of one firm's financial failure if not bankruptcy, resulting in re-employment elsewhere."Baker Donelson, another person from the meta-industry, is downplaying PTAB IPRs that are being used to invalidate many thousands (by extrapolation) of software patents in the US. Curiously, based on Donelson's link in his article (IAM-hosted), the author's employer is being absorbed. "Baker Donelson will combine with the well-respected national law firm Ober|Kaler as of January 1, 2017," it says. Yet another example of one legal firm collapsing onto another in the post-Alice era? We're losing count. It's typically a sign of one firm's financial failure if not bankruptcy, resulting in re-employment elsewhere. Sustainability of such firms is declining, spurring a panic and frantic attacks on Obama's patent policy.

Let it be understood that software patents are not potent and CAFC has done virtually nothing to stop PTAB from invalidating software patents even outside the courts. Let it also be clear that the meta-industry (or patent microcosm as it's sometimes called) created a misleading picture and constructed a parallel reality in order to further its agenda and embellish its bottom line.

"The era of software patents is over and the only opportunity for a rebound might be Justices and USPTO Director appointments by Trump..."See this new report about Verint Systems Inc. v Red Box Recorders that says "Plaintiff Verint asserted six patents against Red Box (U.S. Patent Nos. 7,774,854, 5,790,798, 6,510,220, RE43,324, RE43,386, and 8,189,763) in the District Court for the Southern District of New York. Red Box rebutted, asserting that all claims were invalid under 35 U.S.C. €§ 101 due to being directed to patent-ineligible abstract ideas."

That's Alice and if it's pursued all the way up to CAFC or SCOTUS expect all these patents to be thrown away. The era of software patents is over and the only opportunity for a rebound might be Justices and USPTO Director appointments by Trump, which is why the meta-industry already lobbies him so unbelievably hard (more on that in the next few posts).

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