Bonum Certa Men Certa

The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

When Big Polluters too intervene in patent law at the highest levels (just like Oil States)

Fred KochSummary: The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)

THE American patent office is the world's "foremost" (or leader) when it comes to impact or importance. This is of great advantage to the United States and maintaining credibility/reputation/appeal for that Office is thus crucial. Introspection and reflection are essential.



The other day the corporate media (Washington Post, owned by the world's richest person) published an article about this year's "stupidest patents" as judged by the EFF. To quote:

This year’s stupidest patents include several glaringly obvious and unoriginal ideas, including the “invention” of automated out-of-office emails, a way to organize files on a computer, software that helps users count calories, and a disturbing trend of patents being granted on the use of routine and well-known artificial intelligence techniques.

Yet the U.S. Patent Office gave each of these protection that now lasts 20 years. Some of the patents were approved this year; in other cases, 2017 marked the first time a troll tried to enforce them, often against a wide range of users and third-party developers who were almost certainly unaware of the existence of the claimed inventions.

Nazer believes none of these patents should have been granted in the first place, having failed to overcome the basic legal requirements of being both original and non-obvious. A big part of the problem, he says, has to do with how the patent office works. “Patent examiners spend an average of only 18 hours reviewing each application,” he told me, “which is grossly inadequate.”

[...]

That’s the case with EFF’s January winner, a patent granted to CBS Interactive for software that allows users to “interact” with song lyrics by reviewing and entering annotations. Ditto for a patent, recently asserted against Uber and Lyft, that purports to cover all software that “determines if a taxi is free,” and, if so “sends the current location of the taxi to the taxi dispatch server.” And then there’s a patent granted to HP for software that sends calendar reminder messages, which the patent office reviewed for years “without ever considering any real-world products” that already existed.


It would be good for the EPO to have a similar type of scrutiny as it helps highlight and potentially weed out patents that become a liability.

"It would be good for the EPO to have a similar type of scrutiny as it helps highlight and potentially weed out patents that become a liability."It's worth noting that much/many if not most/all the above are software patents. Far too many such patents were granted by examiners and after Alice it seems plausible that almost all of them are bunk. We say almost because there are exceptions. The other day, for example, a patent maximalist cherry-picked and wrote that "PTAB Reversed Examiner on 101/Alice Rejection of Printing Claims--Not per se Software: https://storage.googleapis.com/pbf-prod/pdfs/2017-11-30_13584785_175081.pdf …

Usually it's the opposite. So the above is a case of "man bites dog". It seldom happens. For a less selective coverage regarding Alice see what the EFF's Daniel Nazer wrote just before the weekend: "Important Federal Circuit ruling today affirms a district court fee award against a patent troll. Appeals court agreed that patent owner should have known its patent was invalid under Alice v CSL Bank. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2442.Opinion.12-6-2017.1.PDF … [...] This is important because many of the worst patent trolls (e.g., eDekka LLC, Shipping & Transit LLC) have patents that are clearly ineligible under Alice. When faced with fee motions, these trolls try to distract court by arguing 101 jurisprudence in general is too uncertain."

"These are cowboy hat-donning non-scientists pretending to care about inventors."Also see this other tweet that said: "Inventor Holding 12/8/17 patent claims invalid under 101, attorney fees from date of Alice decision..."

This is pretty significant.

Make no mistake, however, as this feud certainly isn't over and the patent trolls' lobby is still active. CCIA apparently had "lunch @ManagingIP and now we’re on to everyone’s favorite, software patents."

Yes, software patents are still on the agenda. Rabid, frenzied lobbyists want them back. They constantly fight for that and perpetually mislead. So did Adam Mossoff from the pro-patent trolls (and overtly right wing) think tank. He wants software patents back in the US. "CPIP Scholars" (think tank for the Koch brothers) said that "CPIP Scholars @AdamMossoff & @Patent_Lund File Amicus Brief Urging Supreme Court to Fix Section 101. #Fix101 #PatentsMatter https://cpip.gmu.edu/2017/12/06/cpip-scholars-file-amicus-brief-urging-supreme-court-to-fix-section-101/ …"

"No intellectual argument can defend their position, so ignoring or even blocking people is the best they can do."They're aiming directly at Alice. The headline is "CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101" (by "Fix" they mean subvert, water down) and there's another misleading new article titled "Protecting intellectual property in America is harder than ever," composed by a pro-software patents lobby which is just a tiny platform of extremists (they call themselves “US Inventor”). "This op-ed completely misconstrues multiple patent issues," a writer from TechDirt had said about it before I told him who “US Inventor” actually was. These are cowboy hat-donning non-scientists pretending to care about inventors. They're closely connected to Watchtroll. "IPWatchdog," he responded. "where intellectual honesty goes to die..."

Indeed. Watchtroll (IPWatchdog) is so dishonest that when its founder lost an argument to me (over software patents, revealing that he did not know how software even works!) he decided to just block me in Twitter. No intellectual argument can defend their position, so ignoring or even blocking people is the best they can do. The same is true for the Conservative ilk of Adam Mossoff (who apparently reported me to Twitter for not agreeing).

Recent Techrights' Posts

The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
 
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva