Bonum Certa Men Certa

No “New Life to Software Patents” in the US; That's Just Fiction Perpetuated by the Patent Microcosm

No New Life to Software Patents



Summary: Selective emphasis on very few cases and neglect of various other dimensions help create a parallel reality (or so-called 'fake news') where software patents are on the rebound

"In 2014," Joe Mullin recalls in a new article (published earlier today), "the US Supreme Court dealt a major blow to software patents. In their 9-0 ruling in Alice Corp v. CLS Bank, the justices made it clear that just adding fancy-sounding computer language to otherwise ordinary aspects of business and technology isn't enough to deserve a patent."



"Since then," he continues, "district court judges have invalidated hundreds of patents under Section 101 of the US patent laws, finding they're nothing more than abstract ideas that didn't deserve a patent in the first place. The great majority of software patents were unable to pass the basic test outlined by the Supreme Court. At the beginning of 2016, the nation's top patent court had heard dozens of appeals on computer-related patents that were challenged under the Alice precedent. DDR Holdings v. Hotels.com was the only case in which a Federal Circuit panel ruled in favor of a software patent-holder. The Alice ruling certainly didn't mean all software patents were dead on arrival—but it was unclear what a software patent would need to survive. Even DDR Holdings left a teeny-tiny target for patent owners to shoot at."

"The patent law firms want us to believe that software patents are rebounding or something, even though CAFC invalidates them as quickly as ever, SCOTUS repeatedly rejects attempts to override Alice, and the number of lawsuits involving software patents sank considerably this past year, based on numerous comprehensive/exhaustive surveys."Ignoring some of the biggest cases of 2016, Mullin then argues that "[j]udges on the US Court of Appeals for the Federal Circuit found three more cases in which they believe that software patents were wrongly invalidated. What once looked like a small exception to the rule now looks like three big ones." What about that one single CAFC case involving not one but three invalidations, courtesy of the judge some hold responsible for software patents in the US? Here is a new article about it (bumped earlier today):

Intellectual Ventures recently filed for a rehearing en banc in Intellectual Ventures LLC v. Symantec Corp. and Trend Micro Inc. for a decision made in the U.S. Court of Appeals for the Federal Circuit that invalidated three of its software patents. The variety of patents at issue, colloquially dubbed the “Do-It-On-A-Computer” patent, have been increasingly invalidated after the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International.


The Intellectual Ventures loss (covered here many times at the time) isn't the only such loss this year (for software patents at CAFC). We actually covered quite a few other such cases, but the patent microcosm prefers to obsess over just 3 or 4 cases, i.e. less than it takes one hand's fingers to count. In our humble assessment, Mullin, who is an excellent journalist, fell prey/victim to the endless propaganda from the patent microcosm. The patent law firms want us to believe that software patents are rebounding or something, even though CAFC invalidates them as quickly as ever, SCOTUS repeatedly rejects attempts to override Alice, and the number of lawsuits involving software patents sank considerably this past year, based on numerous comprehensive/exhaustive surveys. ⬆

Recent Techrights' Posts

IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
 
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day