Bonum Certa Men Certa

Patents Roundup: Nintendo, Watchtroll's Lies, Judge Reyna’s Latest Decision (Disc Disease), and Bayh-Dole

A massive column



Summary: Leftovers from this past week's patent news, implicating Nintendo and various spinners who are trying to 'oversell' patents

THE END of another week is also the first weekend of this month and thus our first 'sweep-up' of USPTO news. We try to take stock of everything, knowing that patent matters impact a lot of things.



"It was a quiet week after a climatic week of Oil States, which patent maximalists hope we already forgot about (because it legitimises PTAB)."So what else has happened during this past week? Actually not much. It was a quiet week after a climatic week of Oil States, which patent maximalists hope we already forgot about (because it legitimises PTAB).

Nintendo



We last wrote about Nintendo in relation to patents just several weeks ago. Nintendo isn't a company that's truly aggressive with patents, except in some rarer circumstances. Sony is probably the only large Japanese company that deserves notoriety for its patent strategy.

The latest preliminary action (very far from the Court of Appeals for the Federal Circuit (CAFC)) was mentioned some days ago in relation to an ITC invocation; the ITC is usually interested in embargo of non-US firms (or their products); it's a sanctions agency which is lot less interested in actual justice or innovation. It even ignores other courts/tribunals like PTAB. Based on the report, some incognito "firm has filed another claim with the US International Trade Commission (ITC), which has now agreed to look further into the matter. The ITC has announced it is investigating, "certain portable gaming console systems with attachable handheld controllers and components thereof," and that it, "has not yet made any decision on the merits of the case." Gamevice is asking for the US to block all imports of Nintendo Switch based on said patent infringement, but Nintendo has a long history of beating these kinds of cases so it seems unlikely to cause the Big N too many issues or, ultimately, halt Switch imports in the US."

"Gamevice Wants The US To Block Nintendo Switch Imports Because It Infringes On Its Patents," says the headline. Will it be embargo by default? Who faces the burden of proof here? If patents are so great for 'consumers', then ITC staff will hold off until an actual legal case concludes (before doing anything).

Spinning the CAFC



Speaking of CAFC, this patent maximalist has oddly enough said: "The Federal Circuit [CAFC] recently ruled that Alice did not change the law of 101. Really? If the law remained the same post-Alice why was Alice a clear pivotal moment in software patent history? Seems the CAFC is out of touch."

Or maybe the sources of such information are just crap. That's linking to Watchtroll's "Federal Circuit rules Alice did not alter the law governing 101" -- about the case Voter Verified, Inc. v Election Sys. & Software LLC. Watchtroll is basically spinning a CAFC case yet again, hoping that his spin will somehow incite, making it seem like software patents have legitimacy still (they don't, not in high courts anyway). It has been 4 years since Alice and nothing has changed as far as the Supreme Court is concerned. This is what Watchtroll said:

On April 20, 2018, the Federal Circuit issued a decision in Voter Verified, Inc. v. Election Sys. & Software LLC, a case arising from an appeal by Voter Verified, Inc. from the United States District Court for the Northern District of Florida’s dismissal under Fed. R. Civ. P. 12(b)(6) of its claim for patent infringement. The district court held that the claims of U.S. Reissue Patent RE40,449 (“the ‘449 patent”) are directed to patent-ineligible subject matter and, therefore, are invalid under 35 U.S.C. €§ 101. The Federal Circuit, in a decision authored by Judge Lourie, joined by Judges Newman and Reyna, affirmed.


Writing about the same CAFC case, Charles Bieneman (another patent maximalist) said this (with a more accurate headline):

A Federal Circuit panel (Judges Lourie, Newman, and Reyna) has rejected a district court’s statement that Alice Corp. v. CLS Bank Int'l., was “an intervening change in the law” that would “exempt a potential application of issue preclusion.” However, after finding that patent-eligibility was not previously litigated, the court held that issue preclusion did not prevent a determination that claims directed to “’auto-verification’ of a voter’s ballot” are patent-ineligible under 35 U.S.C. €§ 101. Voter Verified, Inc. v. Election Systems and Software, LLC., No. 2017-1930 (Fed. Cir. April 20, 2018) (precedential).


Notice the highlight which Watchtroll conveniently omitted (also from the headline). This is not accidental. Watchtroll just wanted a dramatic and misleading headline like "Federal Circuit rules Alice did not alter the law governing 101" (without completing this sentence somehow this should be regarded as highly misleading). Compare a headline like "US rules out war on Iraq" to "US rules out war on Iraq using nuclear weapons to strike key targets" (clearly not the same thing).

If patent extremists like Watchtroll wish to know why they're widely ridiculed (in circles we know and speak to at least), it's stuff such as this. Not to mention Watchtroll's judge-bashing antics...

Judge Reyna



Speaking of judge-bashing, after Dennis Crouch's mockery of Judge Reyna (CAFC) we're seeing some more polite posts. The other day he said that a "district court dismissed the [patent] case with prejudice for failure to state a claim upon which relief can be granted," then explaining Judge Reyna’s decision in some more details:

Disc Disease’s asserted patents relate to an inflatable air-brace for spinal support. U.S. Patent Nos. 8,012,113 and 7,618,509. The accused infringer sells three different inflatable spinal braces. However, after considering the complaint filed by Disc Disease, the district court dismissed the case with prejudice for failure to state a claim upon which relief can be granted (R.12(b)(6)). In the process, the district court rejected Disc Disease’s request to file a first amended complaint.

[...]

Judge Reyna’s [CAFC] decision here decides the case at hand, but does not provide substantial guide-posts beyond the general rule – Provide Fair Notice. What we do know is that in a simple case it will be sufficient to simply identify (1) the patents being asserted and (2) the products being accused.


Days later Dennis Crouch also recalled what Benjamin Henrion calls the "universities-as-trolls-act," namely Bayh-Dole. He has reasons to believe that a “quarantine” is in order:

National Institute of Standards and Technology (NIST) (a branch of the Department of Commerce) has announced a new initiative to “improve federal technology transfer” along with a Request for Information (RFI) published in the Federal Register.

[...]

Looming large in the background of current Federal Policy is the the Bayh-Dole Act that allows universities and companies to privately patent the results of federally funded research. In two-years, Bayh-Dole will have its 40th Anniversary — thus the “quarantine” title.


Bayh-Dole has contributed a great deal to patent trolling in the United States. It's nothing to be celebrated, only to be mocked. It's an injustice when public money is misused for private gain and we wrote about Bayh-Dole many times over the years, e.g. in [1, 2, 3, 4, 5]. Recall the paper below.

Bayh-Dole
Full paper [PDF]

Recent Techrights' Posts

After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
 
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025
The Openwashing Shills Initiative (OSI) - Part II: Lying to the IRS is a Big Issue
The OSI of today pretends to be something that it is not
Bloodlust and Love of Blades (Fascination With Murder) Nothing New Among Microsofters
Violence is not a joke and no group is magically entitled to make such "jokes"
Links 01/06/2025: Bird Flu, Food Price Inflation, and Growing US-China Hostilities
Links for the day
Links 01/06/2025: "Vibe Coding" Turns Out to be a Fraud and Amazon Merits Boycott, Argue Bloggers
Links for the day
Gemini Links 01/06/2025: "Stardust" and Ideal PC Setup
Links for the day
Links 01/06/2025: Windows TCO, Openwashing, "It's FOSS" Still Promoting Microsoft
Links for the day
Gemini Links 01/06/2025: Simplification and Networks Everywhere
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 31, 2025
IRC logs for Saturday, May 31, 2025
Google Bribes EFF. EFF Promotes LLM Slop as 'Fair Use'. To GAFAM It's a Low-Cost Lobby Hedge.
So the bribes pay off ("slush fund") and the word spreads
Slopwatch: Fake Text and Images, Financial Bubbles, and Scams in "Intelligent" Clothing
Sometimes what they mean by "AI" is just cheap labour somewhere else, as we discussed in IRC a few hours ago
Why Microsoft is Collapsing (Similar to What's Happening at IBM), As Insiders See It
IBM seems like one heck of a mess
Reliable Computing Means Free (Libre) Computing
Sites that want to promote security ought to deal with the biggest issues
Links 31/05/2025: US Court Orders Sides With RFE/RL, War Updates From Ukraine
Links for the day
Gemini Links 31/05/2025: ARM Server and power_supply Subsystem
Links for the day
Links 31/05/2025: Slop Stigmatised as Disinformation, Catalyst/Driver of "Death of Communication"
Links for the day
Common Sense 101: Do Not Write Blog Posts Saying You Want to Murder Colleagues (or Yourself)
Only crazy people would think stabbings are a joke
Microsoft Bankruptcy
"Microsoft unit in Russia to file for bankruptcy, database shows"
Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
Links 31/05/2025: Microsoft-Connected Builder.ai is a Fraud and US is Purging Students Based on Race/Nationality
Links for the day
Gemini Links 30/05/2025: Limmat, Doomscrollers, and Arguments Parsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 30, 2025
IRC logs for Friday, May 30, 2025