07.07.18

Gemini version available ♊︎

Alice and Mayo (Inspiring § 101) Untouched for the Foreseeable Future, Meaning That the Patent Microcosm Now Smears the US Supreme Court

Posted in Courtroom, Patents at 2:58 pm by Dr. Roy Schestowitz

They’re resorting to attacks on judges and courts now…

Watchtroll

Summary: Frustration among the patent ‘industrialists’ (litigation ‘industry’) as guidelines maintain that abstract patents — such as software patents and business methods — are bunk and nothing is going to change any time soon (if ever)

The US Supreme Court has forced the USPTO to change its ways and in spite of very heavy lobbying like we’ve just mentioned, Section 101 isn’t going away; it’s not even being changed.

“…Section 101 isn’t going away; it’s not even being changed.”Patent maximalists will carry on whining about Section 101 every week if not every day, but Justices at the Supreme Court aren’t dealing with anything similar to Alice and Mayo. Their (almost) latest ruling in the domain of patents was WesternGeco (WesternGeco LLC v ION Geophysical Corp., a case regarding ‘damages’) and upcoming cases, picked only weeks ago, notably deal with prior art (§ 102), not patent scope. Kevin Dietz (Baker Donelson) has just mentioned the outcome in IAM, Joseph Robinson and Robert Schaffer did that over at Watchtroll and Richard Lloyd wrote about this again at IAM.

“….upcoming cases, picked only weeks ago, notably deal with prior art (§ 102), not patent scope.”What we’ve been seeing recently are more attacks from the patent microcosm on the US Supreme Court (SCOTUS) and its Justices. It’s rather revealing. They attack the Patent Trial and Appeal Board (PTAB), then the Federal Circuit (CAFC, recent example here), and now SCOTUS. Who next? Bullies is what they are. Here’s a new example of attacks on SCOTUS: “The lack of any engineering or scientific expertise on the S.Ct. has led to some disasterous decisions for the software and medical diagnostics areas; i.e. Alice and Mayo.”

No, they got it right and § 101 finally takes into account the need for something physical. Mr. Gross, a facilitator of patent trolls, wrote more rants about § 101, for example:

What #patent atty in their right mind wrote these claims? “…having an online user label an online product with a color; and outputting the product with the color to a display device, storage medium or network” http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220180181986%22.PGNR.&OS=DN/20180181986&RS=DN/20180181986 … PTO: HELLO INVENTOR! PLEASE MEET 35 USC §101

Yes, well… they’re cleaning up by undoing these grants (made in error). Inventors should be pleased about it; patent maximalists like Mr. Gross? Not so much…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 16/1/2022: Tsunami and Patents

    Links for the day



  2. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  3. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  4. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  5. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  6. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  7. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  8. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  9. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  10. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  11. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  12. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  13. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  14. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  15. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  16. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  17. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  18. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  19. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  20. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  21. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things



  22. No Excuses for Using GitHub Anymore

    Software developers become living witnesses to more and more reasons to abandon Microsoft for good



  23. Links 13/1/2022: Slackware Linux 15.0 RC3 and More Microsoft Aggression Against Linux

    Links for the day



  24. IRC Proceedings: Wednesday, January 12, 2022

    IRC logs for Wednesday, January 12, 2022



  25. Links 12/1/2022: IPython 8.0, Iranian Attacks on Microsoft Windows

    Links for the day



  26. Non-Fungible Membership in OSI

    The OSI tells us that it got over a thousand members, but that boils down to just people clicking a URL or a button



  27. Computing Security is Being Redefined as 'Controlled by NSA' (and Microsoft)

    The ascent of fake security or the concept that outsourcing trust to Pentagon-connected monopolies is the same as "security" is a real problem because the mindset creeps into new legislation, in effect cementing monopolies and centralisation



  28. Links 12/1/2022: GNOME 42 Alpha Near, Linux App Summit 2022 Set for Italy

    Links for the day



  29. Outsourcing Is Not Smart

    The idea that "Clown Computing" is somehow better than the status quo (of autonomy, control, sometimes self-hosting) is nothing less than pro-surveillance propaganda, which strives to declare stupidity and recklessness the new "smarts"



  30. GitHub is Unsafe: Microsoft GitHub Participation is Still a Massive Liability and a Risk

    Being a user/developer in GitHub means becoming a slave of Microsoft (herded, data-mined, and exploited for free labour); in spite of all the warnings, many people still rely on that site/centralised hub, but the tide seems to be turning


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