EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.18.18

In Aatrix v Green Shades the Court is Not Tolerating Software Patents But Merely Inquires/Wonders Whether the Patents at Hand Are Abstract

Posted in America, Courtroom, Patents at 10:19 am by Dr. Roy Schestowitz

Some bits of sensationalism, motivated by patent maximalism, leave Aatrix v Green Shades somewhat misrepresented (just like Berkheimer v HP Inc.)

Green Shades
Green Shades has not necessarily lost (decision vacated)

Summary: Aatrix alleges patent infringement by Green Shades, but whether the patents at hand are abstract or not remains to be seen; this is not what patent maximalists claim it to be (“A Valentine for Software Patent Owners” or “valentine for patentee”)

SEVERAL DAYS AGO, on Valentine’s Day to be precise, the Court of Appeals for the Federal Circuit (CAFC) ruled in a case [PDF] that law firms rushed to cover (Knobbe Martens). Adam Powell and Diana E. Wade from Knobbe Martens wrote the following with some background:

Aatrix sued Green Shades for infringement of two patents directed to systems and methods for designing, creating, and importing data into a viewable form on a computer. Green Shades moved to dismiss under § 101. The district court granted the motion and denied leave to file a proposed amended complaint. Aatrix appealed to the Federal Circuit.

The main question is, are these really software patents? Not every time Alice gets invoked will it work; it’s not a magic wand.

‘Early birds’ wrote about it in relation to 101/Alice, calling it “PRECEDENTIAL” and dubbing it “A Valentine for Software Patent Owners”.

Another one said: “Aatrix SW FedCir 2/14/18 valentine for patentee: Circuit vacates DCt’s R12b6 dismissal for no 101 eligible s/m; tangible computer system for creating forms; can dismiss on pleadings only if no factual allegn’s prevent resolving eligibility as legal q. No DCt claim constrn either. [] Reyna, J. dissent: disagrees with the majority’s broad statements on the role of factual evidence in § 101 inquiry. “Our precedent is clear that the § 101 inquiry is a legal question.” Majority tries to shoehorn significant fact component into Alice analysis. [Battle is joined!] [] I’m cautiously liking the Moore, J. approach on this. 101 eligibility must logically sometimes raise fact q’s, just like claim construction. If we’re stuck with a ridiculous test like Alice’s step 2 “transformative inventive concept,” at least we should look at underlying facts.”

“Question for en banc review of Aatrix,” added the former person. “Is a consideration whether various claim elements simply recite ‘well-understood, routine, conventionalactivit[ies] a question of Law or Fact?”

In recent days we saw some press coverage about it:

The Federal Circuit faulted a lower court Wednesday for invalidating data manipulation patents as abstract ideas on a motion to dismiss, the second time in days the court has held that a judge too quickly found that patents failed the U.S. Supreme Court’s Alice test.

This is alluding to Berkheimer v HP Inc., which we covered thrice already [1, 2, 3]. One has to be careful not to take the patent microcosm at face value. They’re desperate for CAFC cases in favour of software patents; since they can barely find any they try to make some up.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 13/7/2020: Linux 5.8 RC5, Qt Creator Beta, Mexico Threatens GNU/Linux

    Links for the day



  2. [Humour/Meme] Embrace, Extend, and Curl

    The Curl project, a high-profile prisoner of GitHub, is again being 'embraced' by Microsoft (which already controls the project through GitHub)



  3. IRC Proceedings: Sunday, July 12, 2020

    IRC logs for Sunday, July 12, 2020



  4. [Humour/Meme] Half a Decade Has Passed and EPO Management Was Never Held Accountable for Illegal Surveillance

    A lot of people may no longer remember it, but the EPO can break privacy laws — as it still routinely does — with no consequences whatsoever



  5. Cleaning the Code

    War must go on; but it'll be more diverse and inclusive



  6. Why We Care About (Mis)Use of Language in Technology

    Software development communities are being divided over issues that would likely not tackle actual racism in any meaningful and profound way (just a symbolic way)



  7. Links 12/7/2020: KF6 Progress Report, GNUnet 0.13.1, Nano Becomes Default Terminal Text Editor in Fedora

    Links for the day



  8. They Always Worked for Microsoft (Directly and Indirectly) and Were Financially Rewarded for That

    Nat and Miguel, now put in charge of new weapons against software freedom (e.g. GitHub and NPM), have long worked for Microsoft (Nat was also an intern there); Techrights was right all along about this pair



  9. Red Hat Betrayed the Free Software Community With Its Software Patents' Stockpiling Drive and Then a Sale to the Biggest Software Patents Lobbyist

    In 2020 Red Hat is little but a shadow of IBM, whose patent policy continues to threaten software freedom and whose lobbying for software patents (under the guise of "HEY HI") persists uninterrupted; this growing problem oughtn't be unspeakable



  10. Politically Correct Tech

    This new video entitled “Politically Correct Tech” covers a topic we’ve spoken a great deal about



  11. [Humour/Meme] High on Production, Stoned on Pseudoscience

    All-time high ‘production’ levels at the European Patent Office (EPO) do not mean what they want people to think and what they try hard to hide



  12. Missing From EPO Management: Actual Scientists

    Political figures and opportunists with connections occupy top positions at top European agencies; this assures self-destructive policies that diminish progress and cushion corruption



  13. All Software Should Come With a Cheat Mode

    Cheat modes are useful for developers because they enable debugging, and are sometimes called "Debug mode"



  14. Linus Torvalds Checks If It's Still Inclusive Enough to 'Bash' Bad Technology (of the Company Whose TPM Pusher Has Just Successfully Pushed to Remove Many Words)

    In the age of endless control of language (e.g. large corporations pushing for "inclusive" language whilst earning billions from bombing of 'inferior' countries) we see that it is still possible to condemn corporations on technical grounds (at least if you’re Linus Torvalds)



  15. Even Before Microsoft Paid ('Joined') the Linux Foundation Jim Zemlin Had a Preference for Microsofters

    Even years before the Linux Foundation was receiving money from Microsoft it had a tendency to hire Microsoft’s people for key positions (a lot of people no longer remember that, but it’s still in the public record; it was Jim Zemlin who approached if not chased Mr. Ramji to offer him the job and the colleagues saw no problem with that)



  16. IRC Proceedings: Saturday, July 11, 2020

    IRC logs for Saturday, July 11, 2020



  17. Links 12/7/2020: KDE Plasma 5.20 Preview and Elive 3.8.14 Beta

    Links for the day



  18. [Humour] The 'Orange One' Does Not Respect Judges Either

    More than two years after taking over the European Patent Office (EPO) António Campinos has done absolutely nothing to restore judicial independence of the Boards of Appeal of the EPO



  19. The Systemd Song

    Speak out about IBM's strategy before we're all using GNU/Linux distros 'barcoded' with systemd



  20. Monopoly (or Vendor Lock-in) is Not Modularity

    IBM cannot totally control the kernel, Linux; IBM's control over GNU/Linux may be worth even more than what it paid for Red Hat as that's the key to overpriced support contracts and the general direction of development (important trends such as file systems and various low-level stacks)



  21. The Internet Archive Doesn't Forget, Whereas the Internet and the Web Forget Very Fast

    World Wide Web history is grossly undervalued and preservation of such history (e.g. by the Wayback Machine) is taken for granted by far too many people; the robber barons of today benefit the most from erosion of collective memory as they get to rewrite the past to suit their present and future interests



  22. Environmentalism and Free Software Can be Viewed as Closely Connected and Help One Another

    Modest lifestyles are an overlapping pattern in the Free software community and green activists; there's room for alliances and collaboration, bettering society by reducing consumption and discouraging voyeurism



  23. Free (as in Freedom) Software + Social Control Media ≠ Free Speech

    Speaking through middlemen and private platforms is bad enough (that gives others unjust power over speech); to claim that because the underlying platform is free/libre software it therefore becomes a non-issue is also dishonest



  24. António Campinos: President or Quasi-Autocratic Corporate Puppet?

    The culture of oppression — and censorship of evidence of oppression — is what today’s EPO is all about; the EPO learned how to better avoid (or block) negative publicity without actually changing its ways; and due to unprecedented speech restrictions you won’t hear that from SUEPO



  25. The Media Continues to Ignore Corruption of António Campinos

    António Campinos has Croatian scandals on his lap; the obedient media, however, refuses to even talk about it (or uses COVID as an excuse to write nothing on the subject, as some journalists have told us)



  26. A Call for Patent Sanity

    The public's call for reform is motivated by improved understanding of today's debased patent system and how out-of-order (detached from its original mission statement) it has gotten; patent maximalism, if it does not completely unravel this whole system, severely discredits it



  27. Declassified US Army Field Manuals Explain Microsoft's Public Relations Strategy (Similar to Selling Imperialism to the Occupied)

    The misuse of public broadcast to brainwash the public is well understood and thoroughly exploited by both Microsoft and the Gates Foundation (which sells this ridiculous lie that the world’s richest people speak for and fight for the poorest, i.e. those impoverished by endless greed)



  28. IRC Proceedings: Friday, July 10, 2020

    IRC logs for Friday, July 10, 2020



  29. Links 11/7/2020: Slackel 7.3 Openbox, Kiwi TCMS 8.5, Librem 5 Dogwood Update 3

    Links for the day



  30. Education Without Free Software is Training or Indoctrination

    Kids need to decide for themselves what they want to do and what they wish to use when they grow up; schools need to provide general tools and the mental capacity to make good decisions (rather than make these decisions for the kids, sometimes at the behest of foreign monopolists)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts